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Now is a great time to review your company’s emergency action plan.  Why?  We have the Atlantic hurricane season starting on June 1, and we have more workers returning to the physical workplace from their remote locations, thanks to mass vaccination.  So let’s make sure everyone knows what to do in the event of an emergency.  Note also...
counting cash, indoors
Today, to absolutely no one’s surprise, U.S. the Department of Labor formally withdrew the Independent Contractor Rule that had been implemented by the previous administration. The withdrawal is effective on May 6, 2021. After a long, strange trip, the Rule never went into effect. It should be noted, however, that some employer groups have filed a lawsuit...
a couple embracing outside while wearing masks
By all accounts, the number of COVID-19 infections (and deaths) are on the rise and are likely to increase even more after Thanksgiving. At the same time, there is a great political divide as to how seriously folks take the virus. Politics aside, what are some of the potential costs to your business if you fail to take COVID-19 seriously? As an initial m...
Collection of shoes over a white background
During a trial, lawyers can be so focused on the law and facts of a case that they may not recognize that jurors may be focused on different things entirely. A federal case out of Connecticut makes this point quite nicely. (SEC v. Westport Capital Markets, LLC, No. 3:17-cv-02064 (JAM)(D.C. Conn., 10/26/20). It is not a labor or employment case, but the co...
voting stickers scattered on the table
Election Day is one week away, so it is a good time for employers to review the laws governing voting leave in the states where they do business. Chances are that you may be required to give employees some time off to vote.
father holding a child up while the sun is setting while standing in the ocean beach
Expectant father in New York tried to assert such a claim under Title VII and New York law, and the lawsuit was dismissed. (Van Soeren v. Disney Streaming Serv. , S.D.N.Y., 19 Civ. 10196 (NRB), 10/16/20). Not surprisingly, the Court held that Title VII’s prohibition on discrimination on the basis of pregnancy applies to employees who are actually pregnant...
female with bandages where she got shots
As we hopefully get closer to a safe and effective vaccine for COVID-19, employers may be wondering whether they can require employees to be vaccinated. The answer is Yes, with some important exceptions. An employer that implements a rule that requires employees to be vaccinated must build in exemptions for religion and disability.
woman counting money dollar bills
Worker classification is a hot issue right now. The recent California law that classifies most workers as employees has completely upended the gig economy in that state, so it is no surprise that the law is being challenged by a number of business groups. Under federal law, whether an employer classifies a worker as an employee or an independent contract...
a woman using a laptop in a office chair
In the times before COVID-19, there were people (like the author) who telecommuted, but we were definitely in the minority. Now, thanks to the pandemic, many more people have been working remotely and doing so successfully. And according to some new EEOC Guidance, successful telecommuting could be considered something of a trial run for those employees wh...
student with a pile of books on the table
Yesterday, the Department of Labor issued some new guidance on the paid leave provisions of the Families First Coronavirus Relief Act (FFCRA). The new guidance addresses the availability of paid leave to parents who are choosing to let their children go to school remotely. By way of background, the FFCRA requires certain employers to provide employe...
The Cost of Ignoring Racist Behavior in the Workplace
What is the cost of ignoring racist behavior in the workplace? For a California company, it is $1.25 million dollars.

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