Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced...more
In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The...more
As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more
The Supreme Court Thursday afternoon released its much-anticipated decisions regarding the Emergency Temporary Standard (ETS) issued late last year by the Occupational Safety and Health Administration (OSHA), and the...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
State and Local Order Rule and Regulatory Impact -
Q: Does the CDC’s new guidance for vaccinated people impact state and local orders or rules that may still require mask wearing and social distancing?
A: No. As...more
5/18/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
To illustrate why an employer violates federal employment law by discriminating against gay, lesbian, bisexual, and transgender (LGBT) people, the United States Supreme Court majority told the stories of Hannah and Bob. More...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
This is Foley’s third installment to the Coronavirus FAQs for Employers. We will continue to publish additional FAQs based on inquiries from clients – including best practices as this workplace challenge continues to...more
3/19/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
Remote Working ,
Screening Procedures ,
Sick Leave ,
WARN Act ,
Workplace Safety
Last week, the U.S. Equal Employment Opportunity Commission (EEOC) issued its FY 2019 Performance Report, touting the agency’s successes and statistics for its fiscal year ending September 30, 2019 - and the details reported...more
“Success in creating [Artificial Intelligence] would be the biggest event in human history. Unfortunately, it might also be the last, unless we learn how to avoid the risks.” It’s almost as if Stephen Hawking, when he made...more
As the pool of talented employees tightens, more and more employers are offering perks and benefits to lure the best and the brightest into their ranks. Offering generous benefits for working parents is one of the...more
9/25/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Parental Leave ,
PDA ,
Title VII ,
Wage and Hour
It seems like almost every week we learn of a massive new data breach, risking the loss of thousands of individuals’ personal and confidential information to a faceless hacker halfway around the world....more
5/15/2018
/ Biometric Information ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employer Liability Issues ,
General Data Protection Regulation (GDPR) ,
Hackers ,
International Data Transfers ,
New Legislation ,
Notice Requirements ,
Personally Identifiable Information ,
State Data Breach Notification Statutes
Yesterday (April 30, 2018) the California Supreme Court issued an opinion on the appropriate test to employ when assessing “independent contractor” classification under state law.
The Court’s unanimous decision throws out...more
As we have reported in the past, utilizing temporary staffing agencies to fill gaps in labor needs can be an efficient and economically beneficial way for companies to meet business demands. This is particularly true in...more
11/27/2017
/ Anti-Discrimination Policies ,
Day Laborers ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
Joint Employers ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Unpaid Wages ,
Wage and Hour
We noted last year that, at the behest of its General Counsel Richard Griffin, the National Labor Relations Board was looking to recast the joint employer test under the National Labor Relations Act (NLRA) within the...more
We routinely remind employers about the importance of dotting every “I” and crossing every “T” with their Family and Medical Leave Act (FMLA) paperwork because, if they do not, employees can attempt to make a mess over...more