Employer Liability Issues

With historically low unemployment rates, attracting and retaining top talent can be a challenge for employers. To distinguish themselves from the pack, many companies are considering tuition assistance programs to both develop their workforce and as a benefit to attract and retain talented employees. Although the offer of student loan assistance might give you a

Don’t Run Prints: Illinois’s Biometric Privacy Law Used Against EmployersDoes your company use fingerprinting or some facial recognition scanner as part of its clock-in, clock-out process? If your company has facilities or even some contacts with Illinois (and maybe other states in the future) you should pay heed to Illinois’s Biometric Information Privacy Act (BIPA) that is the subject of a new class action

I’m So Confused! Just How Long Does Your COVID-19-Exposed Employee Have to Quarantine?Just when you thought you had the rules down for when and how long an employee has to quarantine, the CDC changes the rules. Or has it? In its guidance, When You Can Be Around Others After You Had or Likely Had COVID-19 (updated on December 1, 2020), the CDC hasn’t really changed its tune.

Pandemic Planning: But What About the Other “P Word” in Your Re-opening Plans? (Hint: It’s Privacy)We are two months into the declaration of the COVID-19 pandemic, and a handful of states are starting to ease restrictions. With relaxation of the rules, employers are developing plans to re-open and bring employees back to the workplace. As this flurry of planning takes place, the focus (rightfully so) will be on keeping employees

New Year, New Hires: The California Consumer Privacy Act and Your EmployeesIt’s January 2020. Thousands of businesses just completed the mad dash to meet the California Consumer Privacy Act’s (CCPA) requirements. Unfortunately, now is not the time to take a breather if you have employees in California or plan to hire any in the next two years.

CCPA and How it Applies

As a refresher, the

Changing Marijuana Laws and Effective Drug Testing PolicyAlthough marijuana is classified as an illegal drug under federal law, a majority of states have now legalized its use in one form or another. This rapidly evolving legal landscape presents new challenges for employers, particularly those with offices and employees in several states. Employers must balance complying with often divergent federal and state laws,

Update: Soup, Salvation and Overtime – Sixth Circuit Reverses $400,000 FLSA VerdictApparently if you are doing the Lord’s work and seek only treasures in heaven, the Fair Labor Standards Act will not guarantee that you receive an earthly reward as well. In a significant ruling that impacts religious organizations, the Sixth Circuit reversed a nearly $400,000 FLSA verdict based on the fact that the volunteers did

Unless you have been living in a cave for the last month, you have heard about the sexual misconduct allegations against Hollywood mogul Harvey Weinstein. The story has all of the makings of a Hollywood blockbuster, except this time it’s not a movie. Here’s why it should also raise the curtain for employers outside of

Topple of Estoppel? Eleventh Circuit Deals Blow to Bankruptcy Disclosure Defense in Discrimination Suit

Employees who sue their employers must disclose that lawsuit if they file for bankruptcy—right? Maybe not. In Slater v. U.S. Steel Corp., the Eleventh Circuit overruled prior precedent and impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for employers that face litigation from bankrupt plaintiffs.

Soup, Salvation and Overtime: Sixth Circuit Takes Up Televangelist’s FLSA AppealAre you entitled to FLSA coverage if you are doing the Lord’s work? In March 2017, a federal district court in Ohio answered “yes” and awarded almost $400,000 to unpaid employees/volunteers of a church restaurant. The Cathedral Buffet and the Rev. Ernest Angley are now casting a wing and prayer to the Sixth Circuit Court