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New York City Council Proposes Essential Workers’ Bill of Rights Posted on: May 08, 2020 In: Labor & Employment
In April, the New York City Council introduced a sweeping legislative package designed to aid small businesses, essential workers, tenants, and the homeless in the five boroughs during the ongoing COVID-19 pandemic. The package includes a series of bills the Council calls the “NYC Essential Workers’ Bill of Rights,” which would require large employers to provide additional protections and hazard pay to hourly workers assisting the city’s efforts to continue to operate during the COVID-19 pandemic.
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Tags:
new york city, essential workers, covid-19, coronavirus, paid leave, employment law
EEOC Provides Guidance for Businesses Contemplating Return-to-Work Policies and Procedures Posted on: May 06, 2020 In: Labor & Employment
As the COVID-19 pandemic continues to unfold, employers are adjusting their practices on an ongoing basis in accordance with ever-changing government guidelines. Indeed, the United States Equal Employment Opportunity Commission (EEOC) recently updated its recommendations for how employers may comply with the Americans with Disabilities Act (ADA) and other employment laws as employees begin to return to work. This post summarizes the key elements of these updated guidelines.
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Tags:
return to work, eeoc, ada, covid-19, coronavirus, harassment, workplace safety
Ninth Circuit Rules in Favor of Employers in FCRA and ADA Cases Posted on: May 05, 2020 In: Labor & Employment
The Ninth Circuit recently issued two important opinions favorable to employers – one clarifying the manner in which an employer must provide a Fair Credit Reporting Act (FCRA) disclosure, and another opening the door for the use of “after-acquired evidence” to bar liability in employment cases involving the Americans with Disabilities Act (ADA).
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Tags:
9th circuit, fcra, ada, consumer report, disability
Money for Nothin’ (If You’re Eligible): A Pandemic Response That ‘CARES’ Posted on: April 22, 2020 In: Labor & Employment
By now we have all probably heard that the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, which seeks to pump an estimated $2 trillion into the economy, was signed into law on March 27, 2020. But what about employees who have been told they cannot work because their employer has to cut back or completely shut down for an unknown amount of time? The following is a brief overview of the benefits available to those who are out of work as a result of the COVID-19 pandemic.
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Tags:
unemployment benefits, cares act, coronavirus, covid-19
Protecting Your Trade Secrets During a Crisis Posted on: April 10, 2020 In: Labor & Employment
Virtually every business has had to quickly transition to employing a remote workforce, whether partially or in full, to ensure compliance with local and state orders related to slowing down the spread of the novel coronavirus. Many companies have adapted primarily by relying on their employees’ ability to perform work on their personal devices.
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Tags:
trade secrets, video-teleconferencing, remote working, data privacy
Three Tips for Responding to USERRA Requests Posted on: April 06, 2020 In: Labor & Employment
Most employers are used to addressing employee absences related to pregnancies, disabilities, and non-work-related illnesses. However, few managers or Human Resources (HR) practitioners receive Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) requests on a regular basis. The purpose of this post is to provide a brief overview on USERRA and to provide three practical tips for responding to USERRA requests.
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Tags:
userra, human resources, national guard, armed forces, work absence
5 Critical Lessons from Comcast Corp. v. Nat’l Ass’n of African American-Owned Media Posted on: March 30, 2020 In: Labor & Employment
Certain to become a major factor in employment litigation, an opinion issued by the U.S. Supreme Court on March 23, 2020 clarifies the burden for plaintiffs to meet in discrimination claims filed under 42 U.S.C. §1981. Here are the top 5 takeaways of this case for employers.
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Tags:
supreme court, discrimination, race, employment law, causation
AB 2355 Aims to Make Medical Cannabis Users a Protected Class in California Posted on: March 27, 2020 In: Labor & Employment
California Assembly Member Rob Bonta recently introduced Assembly Bill 2355 (AB 2355), which, if enacted, would make medical cannabis users a protected class in California. California was the first state to legalize medical cannabis in 1996, but AB 2355 is not the first legislation of its kind.
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Tags:
california, medical marijuana, employment discrimination, protected class, human resources
Anti-Harassment Policy No Longer Enough? How the Landscape is Changing for Employers Defending Against Sexual Harassment Liability Posted on: March 24, 2020 In: Labor & Employment
An anti-harassment policy is the cornerstone of protecting the workplace from sexual harassment. This is especially true following the #MeToo movement, which took social media platforms and various media outlets by storm beginning in 2017.
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Tags:
anti-harassment, sexual harassment, #metoo, human resources, hostile work environment
Five Pointers for Enforcing a Non-Compete Agreement in Texas Posted on: March 19, 2020 In: Labor & Employment
Partner Kristopher M. Stockberger provides some tips on how to ensure a non-compete agreement in The Lone Star State is fully enforceable.
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Tags:
texas, non-competition, trade secrets, employment law, employment agreement
What an Employer May Screen in the Time of COVID-19 Posted on: March 19, 2020 In: Labor & Employment
In this time of extra precautions, closing businesses, and social distancing, employers are doing their best to protect the public and their workers. Some businesses, however, are unable to close their doors and/or serve a valuable public purpose. For those employers, they seek any and all available methods to ensure safety. Some of those measures, however, may violate various laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
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Tags:
eeoc, coronavirus, ada, reasonable accommodations, healthcare, covid-19
Colorado Temporarily Requires Employers to Provide Sick Leave While Awaiting COVID-19 Testing Posted on: March 12, 2020 In: Labor & Employment
On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) issued emergency rules, referred to as Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, requiring employers in certain industries to provide four days of paid sick leave to employees with flu-like symptoms while awaiting test results for COVID-19.
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Tags:
coronavirus, covid-19, colorado, paid time off, sick leave, human resources

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