As Election Day nears, employers across the country may be wondering how they can properly address political discussions in the workplace. This article provides employers simple and straightforward strategies for managing potentially tense workplace discussions.
California Supreme Court to Hear Oral Arguments on Retroactive Application of Dynamex
On November 3, 2020, while the rest of the country is focused on the 2020 election, the California Supreme Court will hear oral arguments in Vazquez v. Jan-Pro Franchising Int’l, Inc. to address an unanswered question stemming from the Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court
Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients
Earlier this year, we reported on an evolution in the form of cyberattack known as ransomware –attackers transitioning from denying affected users access to critical data by encrypting it to removing data from the compromised systems and threatening public release in exchange for payment. These attacks typically target the companies
Court Upholds Jury Verdict that Directly-Observed Urine Collections Did Not Constitute Constructive Discharge
A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive discharge. Ritchey v. Sound Recovery Centers, LLC, No. 53303-1-II (Wash. Ct. App. Oct. 20, 2020).
The employee, a
2021 Cost of Living Adjustments for Retirement Plans
The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations on benefits and contributions for retirement plans generally effective for Tax Year 2021 (see IRS Notice 2020-79). Most notably, many of the retirement plan limitations, including the limitation on annual salary deferrals into a 401(k) or 403(b)
Surgical Masks, Respirators, and More: Employers Grapple with Personal Protective Equipment Requirements Amid Constantly Evolving COVID-19 Guidance and Laws
Eight months into the coronavirus (“COVID-19”) pandemic and employers in both healthcare and non-healthcare settings are grappling with requirements for employees’ use of personal protective equipment (“PPE”) and respiratory protection. Rather than clarify the requirements, continually evolving guidance from the Centers for Disease Control and Prevention (“CDC”), Occupational Health and
Katharine Weber Discusses COVID-19 Measures in Trucking Industry
Katharine Weber discusses best practices for minimizing risk in the trucking industry during the COVID-19 pandemic in “How HR Needs to Approach COVID-19,” published by Truckinginfo.com.
Joseph Lazzarotti, Jason Gavejian and Maya Atrakchi Co-Author “California Extends CCPA Employee Personal Information Exemption”
Joseph Lazzarotti, Jason Gavejian and Maya Atrakchi co-author “California Extends CCPA Employee Personal Information Exemption,” published by SHRM.
Michael Bertoncini Discusses Healthcare Worker Accommodations
Michael Bertoncini discusses measures taken by healthcare institutions to accommodate increased risk facing employees due to the COVID-19 pandemic in “Health Care, Tech Workers Feel the Stress of Pandemic,” published by SHRM.
Department of State Proposes to End B-1 in Lieu of H-1B Visa
The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level work that benefits the company abroad. Through the rulemaking process, the
Close Encounters of the (Cumulative) 15 Minute Kind
Just when you thought you had your contact tracing protocol down for dealing with COVID-19 exposures, CDC guidance has changed again.
The CDC has now expanded the definition of close contact to be “Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes
Can You Claim Employee Misconduct In an OSHA Citation?
When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind.
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John Long Spotlighted for Handling NCAA Transfer Eligibility Waiver
John Long is spotlighted for providing legal counsel during a NCAA decision regarding student athlete transfer eligibility in “South Alabama basketball player Michael Flowers eligible after NCAA reverses decision,” published by the Alabama Media Group.
Jackson Lewis Spotlighted as Ceiling Smasher
Jackson Lewis is spotlighted for its recent recognition in Law360’s 2020 Glass Ceiling Report as the no. 1 “Ceiling Smasher” ranked by female equity partner percentage in “Jackson Lewis ranked number one Ceiling Smasher,” published by L&E Global.
OFCCP Publishes Voluntary Request for Information in Connection with Combatting Race and Gender Stereotyping Executive Order
As directed in the recent controversial Executive Order (EO) 13950– Combatting Race and Gender Stereotyping, OFCCP is publishing in the Federal Register a request for information (RFI) seeking to collect information regarding training materials that may contain “divisive concepts” or promote sex and race stereotyping or scapegoating. The Agency also
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