California expands employment discrimination claims to now include off work cannabis use
12/28/23
By: John K. Rubiner and Adam Manaa
On January 1, 2024, California Senate Bill 700 (“SB 700”) will go into effect. SB 700 amends the California Fair Employment and Housing Act (“FEHA”) to prohibit employers from taking any adverse action …
Overalls and overtime: compensation for donning and doffing after Tyger v. Precision Drilling Corp.
11/20/23
By: Edward Patrick Pozo, Nicole T. DuGan, and Justin J. Boron
Recently, the Third Circuit Court of Appeals analyzed when donning and doffing activities will be compensable under the Fair Labor Standards Act (“FLSA”). Tyger v. Precision Drilling …
10/31/23
By: Shane Miller
Recently in Stouffer v. Union Railroad Company, LLC, No. 22-1680, (3d Cir. Oct. 26, 2023), the Third Circuit Court of Appeals issued a precedential decision that serves as a useful reminder about the importance of statistical …
10/24/23
By: Katherine Chenail and Jennifer L. Markowski
The Massachusetts Legislature recently amended the Massachusetts Paid Family and Medical Leave Program, M.G.L. c. 175M, affecting employees’ ability to utilize paid leave, including sick time, vacation, paid time off, and personal time, …
California Supreme Court ruling expands the scope of potential defendants under FEHA
10/23/23
By: Tyler J. Jacobs and Daniel Parker Jett
The California Supreme Court recently issued a ruling in Raines v. U.S. Healthworks Medical Group, 15 Cal.5th 268, 312 Cal.Rptr.3d 301 (Aug. 21, 2023), which resulted in substantial legal implications on business …
A sign of things to come: Fifth Circuit expands scope of employment practices protected by Title VII
8/24/23
By: Robert Chadwick
On Friday, August 18, 2023, an en banc panel of the U.S. Court of Appeals for the Fifth Circuit reversed nearly three decades of precedent as to the reach of Title VII of the Civil Rights Act …
Don’t lose your right to arbitrate – separate provisions can permeate
8/9/23
By: Lynn Hollenbeck
Employers, beware. The Arbitration Agreement you have your employees sign may be rock solid, but an unconscionable provision in another onboarding document can permeate and vitiate it. In a case decided in April 2023 by the Second …
Georgia Court of Appeals Rules Employee Non-Solicitation Provision Must Have Geographical Limitation
7/6/23
By: Bradley T. Adler and Zachary W. Jarvis
While the future enforceability of non-compete provisions (and some other post-employment restrictive covenants) may be uncertain due to the recent efforts of the Federal Trade Commission, National Labor Relations Board and state …
6/29/23
By: Christopher J. Fleissner and Daniel Parker Jett
The Ninth Circuit recently ruled that an employer’s conduct can discriminate based on sex even if that conduct equally offends both men and women, and even if it does not target any …
Running a background check? – Don’t run from these disclosures
6/28/23
By: Mandy D. Hexom and Thomas Livingston
Background checks are standard procedure for many employers as part of the employee application or onboarding process. It seems obvious that the applicant or employee knows they are consenting to a background check, …
Georgia Laws Regarding Employee Time Off and Leave Get An Update
5/25/23
By: Joyce Mocek
Georgia Laws Regarding Employee Time Off and Leave Get An Update
Effective July 1, 2023, Georgia employees will now be able to take up to 2 hours of unpaid time off to vote in-person in primaries and …
For the Record: Best Practices for Maintaining Personnel Records and Employee Files
5/24/23
By: Janet Barringer and Ryan Giggi
Our increasingly digitized world has changed the way employers manage and keep records. Personnel files are very frequently at the center of employment litigation, as a well-kept personnel file will tell the story of …