by Paige Good and Harrison Kosmider, McAfee & Taft
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Q If an employee’s on-site drug test is positive, should we follow up with a second confirmatory test? Can this confirmatory test be conducted on-site, or, by law, must this test be conducted in an outside lab? The...
Arbitration agreements are a powerful tool used by many employers as a means of alternative dispute resolution. Arbitration allows the parties of a claim to resolve the dispute privately without the involvement of a...
With inflationary pressures and lingering fears of a recession, 2023 has seen layoffs in nearly every sector of the economy. But layoffs have their own price tag, which often includes severance payments to affected...
Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, an American soccer star who’s set to retire from professional play at the end of the National Women’s...
With the new year, employers in New York State will see modifications in the minimum wage and the overtime exempt salary threshold, among other changes. Read on for the details of what’s changing and when it’s changing...
On November 17, 2023, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. Employers may need to review and revise their separation agreements to comply with the...
The North Pole and Santa Claus, by counsel, respectfully ask the court to dismiss all claims brought against them by P.U. Scrooge pursuant to Rule 12(b)(6) because all such claims are barred by the Christmas Anticipation...
Arbitration procedure can be tricky enough when dealing with only one employee. It gets that much harder when a subsequent employer tries to extend the employees’ arbitration agreement so that it covers claims against a...
On October 4, 2023, California Governor Gavin Newsom signed into law SB 616, expanding California’s current paid sick leave mandate—the Healthy Workplaces, Healthy Families Act of 2014—effective January 1, 2024. The new...
Employers frequently find themselves in no-win situations with regard to employee complaints. On the one hand, the law requires employers to investigate harassment, discrimination, and retaliation claims. On the other...
In employment cases, attorneys’ fees are often the largest part of a recovery. This was true in a recent California Court of Appeal case, although the result would have been twice as bad were it not for a reduction in...
The very way we are governed—the balance of power between the three arms of government—will be before the Supreme Court this term. The case is Loper Bright Enterprises v. Raimondo, and on its face, it concerns a...
The National Labor Relations Board (NLRB) is an agency that most clearly represents the political beliefs of the administration it serves. Relying almost exclusively on decisions rather than regulations to establish...
While many believe the “government” is at a standstill because of the chaos in the House of Representatives, the fact is the Executive Branch is hard at work putting crucial workplace regulations into final form...
The U.S. Supreme Court is poised to issue still more rulings that will shape the role of the government and the rights of citizens in the coming term. In addition to weighing the utility of the Chevron doctrine and its...
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