Arbitration
Wave Goodbye to Waivers Under California’s PAGA? Not So Fast, Says the Supreme CourtSCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver AnalysisBlocking the Gate to Arbitrate: Congress Passes Law Banning Pre-Dispute Arbitration Agreements on Sex Harassment Claims
Department of Labor
DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor ViolationsHappy Thanksgiving and the Many Things for Which We Are Thankful – 2022 EditionClarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. Employee
Employee Rights
With Election Day Around the Corner, Employers Need to Remember You May Have to Give Employees Time Off to VoteDon’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp OilEmployees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance Later
Featured
Clarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. EmployeeWhen Picket Lines Scratch and Dent: Should Unions Be on the Hook for Property Damage Caused by Strikes?Smile for the Camera! Video Surveillance at Work and State Law Considerations
Federal Contractors
To Mandate Vax or Not, That Is the Question: Federal Contractor Vaccine Mandates Before Several Appellate CourtsIs the Past Really Past? Tips for Employers on Background ChecksNew Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for Federal Contractors
Gender Discrimination
Failing to Cite? Say Bye to Employment Claims in the 5th CircuitEverybody’s Working on the Weekend (Well, Not Everybody) -- Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final Adverse Employment ActionThe Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher Bar
Independent Contractors
Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 EditionClarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. EmployeePlaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint
Labor Laws & Rights
Heads Up, Not Down — Tennessee Employees Now Get To Wear Their CROWN: What Employers Should Know About Tennessee’s CROWN ActWhen Picket Lines Scratch and Dent: Should Unions Be on the Hook for Property Damage Caused by Strikes?Smile for the Camera! Video Surveillance at Work and State Law Considerations
NLRA
When Picket Lines Scratch and Dent: Should Unions Be on the Hook for Property Damage Caused by Strikes?The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for Joint EmploymentEmployees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance Later
Unemployment Benefits
And the Beat Goes On… DOL Publishes Second and Third Round of FAQs on FFCRA Answering Burning Employer QuestionsIs the Wait Finally Over? Senate Passes Massive COVID-19 Relief Bill — How Does It Help Employers?Unemployed Employees: Should Employees Who Have Reduced Hours or Are Laid Off Due to COVID-19 File for Unemployment?