Search form

Publications

Workplace law is changing at a rapid pace. Our attorneys stay on the cutting edge of the law and take pride in sharing their knowledge through timely and insightful updates.

All Publications

Advanced Filtering
Showing 1-20 of 3557
Newest
Most Read
June 24, 2016

High Court Finds UT Austin Race-Conscious Admissions Process Constitutional

June 24, 2016

In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program.  The decision addressed only UT’s specific admissions policy in effect when Ms. Fisher was denied admission in 2008, but for the third time in four decades confirms that... Read More

June 22, 2016

Supreme Court Rejects Deference to DOL Regulation on FLSA Exemption Due to Failure to Provide Reasoned Explanation for Change

June 22, 2016

The Supreme Court granted certiorari in Encino Motorcars, LLC v. Navarro, No. 15-415 (June 20, 2016), to resolve a circuit court split regarding whether “service advisors” are exempt from receiving overtime pay under the Fair Labor Standards Act (FLSA). Although the parties thoroughly briefed the issue, the Court did not... Read More

June 20, 2016

Colorado Repeals State Employment Verification Requirement

June 20, 2016

Beginning on August 10, 2016, Colorado employers will be relieved of the additional state verification and retention obligations related to the Form I-9, Employment Eligibility Verification. Since January 1, 2007, Colorado employers have been required to verify the work authorization of all newly hired employees — in essence,... Read More

June 20, 2016

Mine Agency Focuses Attention on Workplace Exams, Diesel Exhaust Exposure

June 20, 2016

The Mine Safety and Health Administration has rolled out two initiatives: a proposed rule increasing requirements for workplace examinations that, MSHA says, is aimed at curbing injuries, illnesses, and fatalities among Metal/Non-Metal (M/NM) miners, and a Request For Information (RFI) on approaches to reduce the potential for adverse... Read More

June 20, 2016

New OSHA Whistleblower ‘Shaming’ Program Draws Fire

June 20, 2016

The Occupational Safety and Health Administration has launched a pilot program in the Midwest region to shame employers who allegedly violate their employees’ whistleblower rights egregiously, but a critic contends the initiative may violate a company’s due process rights and unfairly ruin its business reputation. Called... Read More

June 17, 2016

Supreme Court Unanimously Backs ‘Implied Certification’ Liability under False Claims Act

June 17, 2016

Federal contractors may be subject to liability under the federal False Claims Act for violating regulatory requirements not expressly stated in their contracts, according to U.S. Supreme Court’s decision in Universal Health Services v. Escobar, No. 15-7 (June 16, 2016). The Court unanimously adopted the “implied... Read More

June 17, 2016

Healthcare Subsidies for Grad Students: An ACA Conundrum

June 17, 2016

Colleges and universities historically have provided graduate student employees (e.g., teaching assistants) with a stipend or reimbursement to help defray (or even fully cover) the cost of their medical coverage under the student health plan. Competing guidance from the Departments of Health and Human Services (“HHS”), Labor... Read More

June 17, 2016

OFCCP’s New Sex Discrimination Regulations Imposes a Few New Obligations on Employers

June 17, 2016

The Final Rule on Sex Discrimination from the Office of Federal Contract Compliance Programs recognizes the expanding interpretation of “because of sex” as a basis for discrimination, but does not impose on federal contractors new “equal pay” requirements, a new posting, new subcontract or purchase order updates,... Read More

June 16, 2016

The Florida Employer Summer 2016

June 16, 2016

A bulletin on employment, labor, benefits, and immigration law. In this issue: The Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies Changes Coming for Florida’s Workers’ Comp Law Court Permits Discrimination Claims on Behalf of Deceased Employees Federal Court Requires... Read More

June 16, 2016

Los Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave

June 16, 2016

Employers in the City of Los Angeles will need to review their current minimum wage and paid sick leave policies to ensure they comply with the new City ordinance increasing the minimum wage and extending paid sick leave benefits to employees working in the City. On June 1, 2016, the Los Angeles City Council voted in favor of... Read More

June 16, 2016

New Jersey Supreme Court Bars Enforcement of Shortened Limitations Period for Discrimination Claims

June 16, 2016

The New Jersey Supreme Court has overturned an appellate court decision that allowed a shortened limitations period for filing discrimination claims under the New Jersey Law Against Discrimination (“LAD”). Rodriguez v. Raymours Furniture Co., Inc., No. 074603 (June 15, 2016). In a case of first impression, the Court... Read More

June 13, 2016

Mine Commission Upholds Safety Agency’s Demand for Records in Split Decision

June 13, 2016

The Federal Mine Safety and Health Review Commission has upheld a judge’s decision favoring the government over a Western Kentucky coal operator who had refused to honor a directive to provide federal authorities with a roster of its employees. However, two commissioners dissented, asserting the government trampled on the operator... Read More

June 13, 2016

Massachusetts High Court Paves Way for Employees to Engage in ‘Self-Help’ Discovery

June 13, 2016

The highest court in Massachusetts has ruled that, in certain instances, an employee can access and obtain an employer’s records in order to support a claim of employment discrimination. Verdrager v. Mintz Levin, No. SJC-11901 (May 31, 2016). According to the Massachusetts Supreme Judicial Court, employers must balance the... Read More

June 13, 2016

Heat, Lightning Hazards are Focus of Federal Safety Campaigns

June 13, 2016

With the arrival of summer, the Occupational Safety and Health Administration has launched initiatives to alert employers and workers to heat and lightning hazards and the steps to take to prevent injury or illness from them. The official hashtag of OSHA’s annual heat safety campaign is #WaterRestShade, which is designed to... Read More

June 9, 2016

Colorado Expands Pregnancy Discrimination Law

June 9, 2016

Colorado Governor John Hickenlooper has signed into law a bill that makes it an unfair employment practice if an employer fails to provide reasonable accommodations to a job applicant or an employee for conditions related to pregnancy or childbirth. Amending the Colorado Anti-Discrimination Act, the bi-partisan bill (House Bill 16-... Read More

June 9, 2016

San Diego Earned Sick Leave and Minimum Wage Ordinance Approved by Popular Vote

June 9, 2016

Employers in the City of San Diego will need to review their current paid sick leave and minimum wage policies to ensure they comply with a voter-approved ordinance extending paid sick leave and raising the minimum wage for workers in the City. Proposition I, the “Referendum of Ordinance Relating to Earned Sick Leave and Minimum... Read More

June 9, 2016

5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way

June 9, 2016

While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms. This shift was triggered by media coverage of the breach and leak of the Panama Papers, and by reports that, in 2015, hackers... Read More

June 8, 2016

Arbitrator Slashes Annual Withdrawal Liability Payments in Underfunded Multiemployer Pension Plan Dispute

June 8, 2016

Employers who cease contributing to an ERISA multiemployer pension plan are liable for their allocable share of any underfunding, or “withdrawal liability.” For a variety of reasons, withdrawal liability has become both prevalent and significant. Indeed, the Pension Benefit Guaranty Corporation (the federal agency tasked... Read More

June 7, 2016

Connecticut Joins Ban the Box Movement

June 7, 2016

Connecticut has joined the “Ban the Box” movement, becoming the most recent state in the nation to implement statewide legislation prohibiting employers from making inquiries into an applicant’s criminal history on job applications, except under certain circumstances. Governor Dannel Malloy signed “An Act... Read More

June 7, 2016

Citing Mine Inspector’s ‘Animus,’ Judge Softens Tough Enforcement Action

June 7, 2016

Convinced that the tough enforcement action brought against a West Virginia coal operator by an inspector for the Mine Safety and Health Administration was influenced by a long-standing grudge the inspector held toward the operator’s foreman, a judge has reduced the seriousness of some alleged violations, thrown out others, and cut... Read More

Showing 1-20 of 3557