Back in March, when a rapidly proliferating pandemic forced workers across the country out of their offices and into their homes, most thought the arrangement would be short-lived—a few weeks, maybe a month or so. As the...
Employment Law Letter
Business owners and employers know they need to comply with privacy laws, but the scope of compliance has expanded. In the past, organizations created general privacy policies, posted them on their websites, and went...
Because of the COVID-19 pandemic, 42% of the U.S. workforce now works from home, and 33% of workers are unemployed. Many employers are eager to get their current employees back to the office and hire new ones, but they...
President Donald Trump recently signed an Executive Order (EO 13950) that seeks to "combat offensive and anti-American race and sex stereotyping and scapegoating" and end so-called "divisive concepts" covered in certain...
The National Labor Relations Act (NLRA) has special provisions that limit the pressure tactics a union can use in trying to force an employer to recognize the union. One of the major limitations is a prohibition against...
Last issue, we reported on a scathing California Court of Appeal decision against Uber and Lyft approving a broad injunction that required them to treat their drivers as employees. The giant transportation companies were...
One of the most basic rules of arbitration is that an arbitrator's ruling won't be overturned for an error of law, even if the error creates an injustice—this is to preserve the finality of arbitration and honor the...
A California Court of Appeal issued a ruling October 22 strictly applying the ABC independent contractor test and upholding a preliminary injunction requiring Uber and Lyft to stop classifying drivers as independent...
The California Court of Appeal recently held that an employee's class action suit under the state's Private Attorneys General Act (PAGA) couldn't be separated into individual and representative components. The plaintiff...
They say the primary rule of journalism is, "If your mother tells you she loves you, check it out." Similarly, a primary rule of HR management, particularly before taking an adverse employment action, should be, "When in...
Q We have an employee who definitely showed signs of being on drugs or alcohol at work. We want to let him go per our handbook policies, but he has now stated he is getting help for his problem. Is he protected since he...
On September 11, the U.S. Department of Labor (DOL) revised the regulations implementing the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The...
Throughout 2020, employers have faced uncertainty and challenges because of the COVID-19 outbreak. While you should prepare to adapt to any changes the pandemic presents, additional challenges will arise, including...
Staffing and hiring during the pandemic are especially chaotic. Many employers that don’t traditionally use temporary staff are seeking to fill short-term gaps in the workforce or simply want employees for a short time...
The global COVID-19 pandemic continues to affect employers with no clear end in sight. While the prospect of a functioning vaccine may have to wait for a while, a spike in Worker Adjustment and Retraining Notification...