Blog
NLRB Turns To Rulemaking To Reverse Joint Employer Standard
October 12, 2018
The National Labor Relations Board (the “Board”) has issued a proposed regulation to re-establish the traditional test for determining whether two employers are considered “joint employers” under the National Labor Relations Act (“NLRA”).
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Upon Further Review: The DEA Legalizes a Marijuana-Derived Drug
October 10, 2018
There is an ongoing tension between state laws decriminalizing or legalizing marijuana for medicinal purposes and federal law, under which marijuana is still classified as an illegal Schedule I Controlled Dangerous Substance.
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OSHA-Compliant Injury Reporting Policies
October 4, 2018
Several months ago, OSHA proposed to rescind part of its revised workplace injury and illness reporting rule, which was originally issued in May 2016.
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Employer Liability for Employee Cell Phone Use Behind The Wheel
October 4, 2018
The individual risks and potential liability associated with behind-the-wheel cell phone use are well known. What may be lesser known is the extent to which an employer can be held liable for a cell phone-related accident involving one of its employees.
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New York State Revised Sexual Harassment Policy, Complaint Form, and Training Released
October 2, 2018
Approximately one-week before the deadline for employers to revise their sexual harassment policies, and after reviewing hundreds of comments from the public on its previously-released draft sexual harassment policy, complaint form, and training, New York State issued updated guidance, as well as a final model policy, complaint form, training, and revised Frequently Asked Questions on these topics.
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Restriction Friction: Illinois and New York Attorneys General Finalize Settlement with WeWork That Limits Noncompetition Provisions
September 28, 2018
On September 18, 2018, Illinois Attorney General Lisa Madigan and New York Attorney General Barbara Underwood reached a settlement with WeWork, a shared offices company that provides services around the world.
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Responding to Employee Activism
September 27, 2018
The month of September saw at least two major work walkouts in support of the #MeToo and #BelieveSurvivors movements.
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USERRA Claim Allowed to Proceed When Veteran Applied to Position at Different Location of Prior Employer
September 27, 2018
In Scudder v. Dolgencorp, LLC, the United States Court of Appeals for the Eighth Circuit held that members of the military who apply for new jobs with their former employers upon returning from deployment are protected by federal law which requires companies to rehire veterans.
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Lawsuit Over Health Insurance Coverage for Gender Reassignment will Proceed
September 27, 2018
A lawsuit against Essentia Health and HealthPartners regarding denied coverage for gender transition care has been allowed to proceed past a motion to dismiss.
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Eleventh Circuit Rehabilitates Racial Harassment Claim
September 27, 2018
To state a claim for harassment or hostile work environment, a claimant must establish, among other things, that he or she was subjected to conduct that was (1) unwelcome, (2) related to his or her protected status (e.g., race, sex, religion, etc.), and (3) severe or pervasive.
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Ninth Circuit Reminds Us of the Breadth of the “Regarded As ” Prong of the ADA
September 27, 2018
To bring a claim of disability discrimination under the ADA, a plaintiff must establish that he or she is entitled to coverage under the act because he or she is actually disabled, is regarded as disabled, or has a record of being disabled.
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Employers with 50-Plus Full-Time Employees Should be Prepared to Respond to IRS Penalty Notices under ACA
September 27, 2018
Late last year, the IRS began enforcing the employer mandate under the Affordable Care Act (the “ACA”) by sending letters to large employers containing proposed Employer Shared Responsibility Payments (“ESRPs”).
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