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Have a Seat: California Court of Appeal Provides Guidance on Requirement That Employer’s “Provide” Suitable Seating in the Workplace Posted on: September 01, 2022 In: Labor & Employment
On July 19, 2022, the California Court of Appeal issued a published opinion holding there was a triable issue as to whether the employer “provided” suitable seating to its customer service employee at the front of the store by placing seats at workstations in another area and not advising her of the availability of the seating, thereby overturning a lower court’s summary judgment for the employer.
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Tags:
california, employment law, suitable seating, paga, human resources
Federal Appellate Court Extends ADA Employment, Public Accommodations, and Transportation Protections to Transgender People Posted on: August 30, 2022 In: Labor & Employment
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit – one of the nation’s historically conservative jurisdictions – became the first federal appellate court to extend Americans with Disabilities Act (ADA) protections to transgender people, declaring that gender dysphoria can qualify as a disability under the ADA, reviving a disability discrimination lawsuit brought by a transgender woman over a Virginia detention center’s decision to place her in men’s housing.
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Tags:
ada, 4th circuit, lgbtq+, gender dysphoria, discrimination
New Posters Required to Be Displayed by New Jersey Employers Posted on: August 29, 2022 In: Labor & Employment
On the heels of the adoption by the New Jersey Division on Civil Rights (DCR) of a new “Know Your Civil Rights” campaign, the DCR has issued new and updated rules and regulations to raise public awareness about civil rights under the New Jersey Law Against Discrimination (LAD) and Family Leave Act (FLA). The new regulations, which took effect on August 1, 2022, update the DCR’s requirements for the posters that covered entities are required to conspicuously display.
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Tags:
new jersey, civil rights, family leave, discrimination, human resources
How Corporate Social Responsibility Can Help Reduce Liability & Five CSR Initiatives You Can Start Today Posted on: July 27, 2022 In: Labor & Employment
Corporate social responsibility, or CSR, is a form of self-regulation that reflects a business' accountability and commitment to contributing to the well-being of communities and society through various environmental and social measures. What does CSR have to do with employment law? According to Deloitte’s 2021 Millennial and Gen Z Survey, everything. The study found that the modern workforce prioritizes culture, diversity, and high impact over financial benefits.
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Tags:
csr, human resources, employee handbook, hiring, disability
Planning for DOL’s Anticipated Regulatory Agenda: What Employers May Expect Posted on: July 26, 2022 In: Labor & Employment
Over the last year, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) has stepped up enforcement proceedings in traditional high-priority areas, including tipped employee wages, employee meal break and rest periods, and misclassification of workers as independent contractors. Now, the DOL WHD is poised to raise the compensation threshold level for white-collar exemptions to the Fair Labor Standards Act overtime requirements, with a Notice of Proposed Rulemaking by October 2022.
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Tags:
dol, flsa, wage and hour, payroll, white collar, overtime
Avoiding the BBQ Pit(falls) of the Company Summer Picnic Posted on: July 22, 2022 In: Labor & Employment
After two (or more) years of companies having to cancel the time-honored tradition of the company summer picnic and BBQ due to COVID-19 shutdowns and restrictions, both companies and their employees are eager to get back out in the summer weather and get together for water balloon fights and three-legged races. And while such celebrations are a welcome addition to the summer schedule, employers would be wise to keep in mind the following tips to ensure a safe, fun, and low-risk (legally speaking) event.
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Tags:
office events, employment law, labor law, covid-19, human resources
Illinois to Expand Bereavement Leave in 2023 Posted on: July 08, 2022 In: Labor & Employment
On June 9, 2022, Governor Pritzker signed the Family Bereavement Leave Act (formerly titled the Child Bereavement Leave Act) into law. The statute will take effect on January 1, 2023, and its applicability mirrors that of the federal Family Medical Leave Act (FMLA), applying to employers (including public employers) with at least 50 employees and employees who have worked for such employers for at least 12 months and at least 1,250 hours in the preceding 12-month period.
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Tags:
illinois, paid leave, fmla, labor law
Three Tips for Updating, Enforcing Arbitration Agreements to Minimize PAGA Exposure in California Following Supreme Court’s Viking River Decision Posted on: July 01, 2022 In: Labor & Employment
For almost two decades, the California Private Attorneys General Act of 2004 (PAGA) has vexed employers and resulted in significant increased exposure to wage and hour claims. To limit exposure, many employers have implemented arbitration agreements that include class and PAGA representative action waivers, which appeared unenforceable. However, in Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court recently breathed new life into this strategy.
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Tags:
supreme court, california, paga, arbitration, employment agreements
Four Big Benefits to Bringing an Anti-SLAPP Motion in a California Employment Lawsuit Posted on: June 21, 2022 In: Labor & Employment
California enacted its anti-SLAPP (i.e., Strategic Lawsuits Against Public Participation) statute to provide a procedural remedy early in litigation to dispose of lawsuits that are brought to chill the valid exercise of constitutional rights. In the employment context, an anti-SLAPP motion most often is used to attack a defamation cause of action, but it can apply to any cause of action regardless of title, so long as it comes within the four types of protected speech.
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Tags:
california, anti-slapp, protected speech, litigation
Every Service Dog Gets Two Bites: Reasonable Access and Reasonable Accommodation Obligations Under the ADA Posted on: June 15, 2022 In: Labor & Employment
As American workers continue returning to the office and facilities across the country continue to reopen following pandemic-induced closures, service and support animals are becoming increasingly present in our workplaces. These animals, particularly dogs, help people with a range of disabilities, and their presence in the workplace presents employers and business owners with distinctly different obligations under Titles I and III of the Americans with Disabilities Act (ADA).
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Tags:
ada, support animals, disabilities, reasonable accommodations, human resources
Pay Attention: In California, Meal and Rest Premiums Are Now Subject to Wage Statement and Final Pay Requirements Posted on: June 09, 2022 In: Labor & Employment
The California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting requirements of Labor Code section 226(a). In addition, the prejudgment interest rate for violating any of these sections is 7%. In essence, the ruling means that these premiums may trigger derivative wage statements and waiting time penalties.
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Tags:
california, wage and hour, payroll, meal and rest periods, labor law
Five Things Employment Lawyers Are Talking About (and Maybe You Should Too) Posted on: May 24, 2022 In: Labor & Employment
Within the Labor & Employment Advice and Counseling Group at Lewis Brisbois, we talk up a storm. We talk to each other and we talk to our clients, every day, about all the new changes being implemented by state and local lawmakers in many parts of the United States. While every employer, employee, and workplace is different and unique, you can’t help but spot some trends over time. So, what are we talking about, exactly? Here are our top five most-talked-about topics for 2022 – so far.
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Tags:
paid leave, non-competition, arbitration, wage and hour, employee handbook, employment law, human resources, payroll

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