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 4355
Newest
Most Read
August 16, 2019

Circuit Split on Student’s Due Process Right to Cross-Examination in Title IX Matters

August 16, 2019

Constitutional due process does not mean a student accused of assault has the right to directly cross-examine his accuser in adjudications under Title IX of the Education Amendments of 1972 at state institutions of higher education, the federal appeals court in Boston has held. Haidak v. University of Massachusetts-Amherst, No. 18-1248 (... Read More

August 15, 2019

Top Five Labor Law Developments for July 2019

August 15, 2019

The National Labor Relations Board (NLRB) General Counsel’s Division of Advice has found an employer did not violate the National Labor Relations Act (NLRA) when it fired an employee based on the mistaken belief that she divulged confidential wage information. Centura, 27-CA-234214 (Adv. Mem. June 24, 2019, released July 16, 2019). As... Read More

August 15, 2019

Labor Board Proposes Modifications to Union Election Procedures

August 15, 2019

The National Labor Relations Board’s (NLRB) proposal to amend its union representation procedures regarding blocking charges, voluntary recognition bar, and construction industry collective bargaining relationships was published in the Federal Register on August 12, 2019. The Notice of Proposed Rulemaking (NPRM) is the first... Read More

August 13, 2019

New York Expands Harassment Laws, Protections of Religious Attire, Clothing, or Facial Hair

August 13, 2019

New York state has enacted sweeping new workplace harassment protections for employees, including lowering the standard for when harassment is actionable. It also has adopted new law prohibiting employment discrimination based on religious attire, clothing, or facial hair. Workplace Sexual Harassment On August 12, 2019, Governor... Read More

August 13, 2019

Mexico’s Overhaul of Federal Labor Laws: Updates, Timelines for Employers

August 13, 2019

Substantially overhauling its labor law, Mexico has enacted legislation that prohibits employer interference with workers’ rights, protects employees’ right to join or not join a union, and requires unions to secure employee support. In order to implement these changes, Mexico must create new courts, a new federal agency, and even more... Read More

August 12, 2019

Illinois Enacts Workplace Harassment Law, Creating New and Expanded Obligations for Employers

August 12, 2019

Employers in Illinois will have new obligations related to employment contracts, training, and agency oversight under a wide-ranging bill signed by Governor J.B. Pritzker on August 9, 2019, that is intended to combat workplace harassment and provide greater protections for employees. Senate Bill 75 unanimously passed both houses of... Read More

August 7, 2019

New Jersey Wage Theft Law Increases Employer Liability for Wage and Hour Violations

August 7, 2019

New Jersey’s Wage Theft Act (WTA) significantly enhances employer penalties under the state’s wage and hour laws by adding liquidated damages and providing extra protections for employee retaliation claims. In addition, the WTA makes client-employers and labor contractors jointly and severally liable “for any violations of the provisions... Read More

August 5, 2019

Colorado Employer’s Vacation Policy that Included Forfeiture Provision Upheld

August 5, 2019

An employer’s vacation policy did not violate the Colorado Wage Claim Act (CWCA), despite stating that employees forfeit earned vacation pay if they are discharged or quit without giving two weeks’ notice, the Colorado Court of Appeals has held. Nieto v. Clark’s Market, Inc., 2019 COA 98 (Colo. App. June 27, 2019). Background... Read More

August 2, 2019

New Jersey Court Brings ‘Clarity and Uniformity’ to Analysis of Restrictive Covenants

August 2, 2019

The New Jersey Appellate Division has clarified the analysis required to determine the effect of restrictive covenant agreements (RCAs) and offered guidance to practitioners drafting RCAs under New Jersey law in a decision on six consolidated actions. ADP, LLC v. Kusins, No. A-4664-16T1 (N.J. Super. Ct. App. Div. July 26, 2019).... Read More

August 2, 2019

Puerto Rico Enacts Leave for Victims of Domestic Violence, Sexual Harassment and Assault

August 2, 2019

Employees in Puerto Rico may take up to 15 days of unpaid leave each calendar year to address situations related to domestic or gender-based violence, child abuse, sexual harassment in employment, sexual assault, lewd acts, or felony stalking under a new law. The new “Special Leave” is in addition to any other leave to which the employee... Read More

August 1, 2019

Illinois Expands Equal Pay Act and Bans Inquiries about Job Applicants’ Wage Histories

August 1, 2019

An amendment to the Illinois Equal Pay Act expands the Act’s scope and prohibits employers in Illinois from requesting information about a job applicant’s prior compensation. House Bill 834 passed both houses of the Illinois General Assembly, and was signed into law by Governor J.B. Pritzker on July 31, 2019, as Public Act 101-0177.... Read More

August 1, 2019

Healthcare Organizations, Is Your Patient Portal Secure?

August 1, 2019

Healthcare organizations’ traditional cybersecurity measures are insufficient against today’s cyberattacks, according to a report from LexisNexis® Risk Solutions and the Information Security Media Group released in July 2019. Even as healthcare organizations embrace new technologies (such as patient portals), the report shows that... Read More

July 26, 2019

New York Enacts SHIELD Act, Adding Data Security Requirements and Strengthening Data Breach Requirements

July 26, 2019

New York has enacted the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) to amend the state’s data breach notification law to impose more expansive data security and data breach notification requirements on companies. The move aims to ensure New York residents are better protected against data breaches of their private... Read More

July 24, 2019

Ninth Circuit to Ask California Supreme Court to Decide Retroactivity of ‘ABC’ Test, Withdraws Opinion

July 24, 2019

Whether California’s recently adopted “ABC” test, used in the employee-versus-independent contractor analysis in cases involving California’s wage orders, must be applied retroactively should be decided by the California Supreme Court, a panel of the U.S. Court of Appeals for the Ninth Circuit has decided, withdrawing its controversial... Read More

July 24, 2019

Chicago City Council Passes Comprehensive Fair Workweek Law that Includes Predictable Scheduling

July 24, 2019

The Chicago City Council has passed the Chicago Fair Workweek Ordinance, which requires large employers to provide workers with at least two weeks’ advance notice of their work schedules and compensate workers for last-minute changes. Mayor Lori Lightfoot is expected to sign the Ordinance, which will become effective for most covered... Read More

July 22, 2019

Change to Virginia Wage Payment Statements on the Horizon

July 22, 2019

Beginning January 1, 2020, employers in Virginia must provide paystubs to employees on “each regular pay date.” Currently, Virginia employers must provide only a written statement reflecting the employee’s gross wages and deductions upon the employee’s request. New Requirements Virginia Code § 40.1-29 has been amended to require... Read More

July 22, 2019

New Jersey Task Force on Independent Contractor Misclassification Releases Report, Recommendations

July 22, 2019

The New Jersey “Task Force on Employee Misclassification” has released its report on misclassification, offering 10 recommendations. The Task Force, established in May 2018, was charged with providing recommendations to the Governor’s office and the state’s administrative agencies on “strategies and actions to combat employee... Read More

July 19, 2019

New California Law Allows Sharing of Home Care Aides’ Contact Information with Unions on Demand

July 19, 2019

A controversial amendment to the California Home Care Services Protection Act (Home Care Act) requires the state Department of Social Services (DSS) to provide the names, phone numbers, and addresses of new or renewing registered home care aides (HCAs) to labor unions on request, unless the aides opt out. The new law, which raises... Read More

July 18, 2019

Top Five Labor Law Developments for June 2019

July 18, 2019

An employer violated the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration policy making arbitration the exclusive forum for resolving all employment claims because it denied employees access to the National Labor Relations Board (NLRB), the Board has ruled. Prime Healthcare Paradise Valley, LLC, 368 NLRB No.... Read More

July 17, 2019

Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification

July 17, 2019

A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification. For I-9 purposes, when an employer acquires new... Read More

Showing 1-20 of 4355