The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
7/18/2024
/ Acheson Hotels LLC v Laufer ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Remedies ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Agreements ,
Chevron Deference ,
Civil Rights Act ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disability Discrimination ,
Drug Testing ,
Employee Benefits ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Failure to Accommodate ,
Fringe Benefits ,
Government Agencies ,
Hiring & Firing ,
Labor Disputes ,
Labor Relations ,
Lateral Transfers ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Misclassification ,
Muldrow v City of St Louis ,
Murray v UBS Securities LLC ,
NLRA ,
NLRB ,
Over-Time ,
Reinstatement ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
SEC v Jarkesy ,
Sex Discrimination ,
Smith v Spizzirri ,
Standard of Proof ,
Starbucks Corp. v McKinney ,
Statute of Limitations ,
Statutory Interpretation ,
Title VII ,
Unemployment Benefits ,
Unfair Labor Practices ,
Union Organizers ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more
12/29/2023
/ Affirmative Action ,
Artificial Intelligence ,
Chevron Deference ,
Child Labor ,
Compensatory Damages ,
Consumer Privacy Rights ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
E-Verify ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Form I-9 ,
Hiring & Firing ,
Low-Wage Workers ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Privacy Laws ,
Wage and Hour ,
Workplace Safety
Were you paying attention to all the workplace law developments in 2023? While it’s hard to keep up with so many changes, you can take our quiz to test your knowledge and see how you stack up. But don’t worry if you get a...more
12/28/2023
/ Artificial Intelligence ,
Department of Labor (DOL) ,
Diversity ,
Employee Handbooks ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Religious Accommodation ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
The three editors of our FP Weekly publication took some time to review the past year’s writings – almost 500 published pieces – and pick out our favorites. Below you’ll find a top 10 list from each of us. They include our...more
Employers need to rethink the way they’ve been operating – because the workplace has been evolving at a rapid pace. In order to stay competitive in the marketplace and offer your employees the kind of environment where they...more
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Answering industry calls for a 21st-century solution to a 21st-century problem, a bipartisan group of federal lawmakers recently introduced a bill in Congress that would create a hybrid job classification for gig economy...more
With the announcement this morning that the country’s economic numbers have declined for the second straight quarter, many employers are fearful of a possible recession, or at least a sustained economic downturn – and are...more
In a groundbreaking move that gig economy companies hope to be mimicked across the country, Washington just enacted a new state law that guarantees minimum per-trip pay rates, paid sick leave, and workers’ compensation...more
We were off by about 10 days. When we published An Employer’s Guide to the Baseball Lockout: Answering Your Questions About the First MLB Work Stoppage in Almost 30 Years way back at the beginning of December, we predicted...more
3/14/2022
/ Arbitration ,
Athletes ,
Baseball ,
Collective Bargaining Agreements (CBA) ,
Lockouts ,
Minimum Salary ,
MLB ,
Sports ,
Uniforms ,
Unions ,
Wage and Hour
As gig economy businesses – and other employers that implement gig-like workforce models – gear up for a new year, it’s natural to look ahead and begin to set expectations for what the road ahead might bring. We’ve scoured...more
1/24/2022
/ ABC Test ,
Artificial Intelligence ,
Business Model ,
Delivery Drivers ,
Department of Labor (DOL) ,
Gig Economy ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Misclassification ,
NLRB ,
Ridesharing ,
Wage and Hour
A staggering 94% of employers reported that they have experienced more difficulty than normal in retaining and recruiting workers in 2021, with more than half (53%) reporting “severe” difficulty compared to normal times. And...more
A sharp increase in pandemic-related workplace litigation this summer could spell trouble for employers, as we expect to see a steady increase in COVID-19 lawsuits filed by employees across the country. That’s just one of 10...more
9/8/2021
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Healthcare Workers ,
Hiring & Firing ,
Leave of Absence ,
Remote Working ,
Retaliation ,
Small Employers ,
Vaccinations ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
After several weeks of tense negotiations and legislative twists and turns, President Biden’s latest COVID-19 stimulus package – the American Rescue Plan – has been passed by Congress and will become law once the president...more
3/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Multiemployer Plan ,
Pensions ,
Popular ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Benefits ,
Unions ,
Vaccinations ,
Wage and Hour
In the early morning hours of Saturday, February 27, the U.S. House of Representatives passed President Biden’s $1.9 trillion latest COVID-19 stimulus bill, containing a slew of employment-related initiatives that could have...more
3/1/2021
/ Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Multiemployer Plan ,
Pensions ,
Popular ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Benefits ,
Unions ,
Vaccinations ,
Wage and Hour
Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more
1/27/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Wellness Programs ,
Workplace Safety
President-elect Biden has unveiled an ambitious legislative package that would serve to not only provide a third wave of economic stimulus relief to address the impacts of the COVID-19 pandemic but also transform the American...more
1/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Paid Leave ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Insurance ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Given the tumultuous news that occupied all of our attentions last week, you may have missed the announcement that President-elect Biden has nominated Boston Mayor Marty Walsh to be the next Secretary of Labor – the first...more
1/11/2021
/ Affirmative Action ,
Department of Labor (DOL) ,
Equal Pay ,
Foreign Workers ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Paid Leave ,
Pay Equity Laws ,
Presidential Nominations ,
Secretary of Labor ,
Wage and Hour ,
Workplace Safety
The federal government has taken another step to further incentivize highly skilled workers to join the gig economy: it has proposed rules that would permit publicly held gig companies to offer equity compensation to their...more
12/2/2020
/ Comment Period ,
Compensation & Benefits ,
Equity Compensation ,
Gig Economy ,
Independent Contractors ,
Proposed Rules ,
Public Comment ,
Securities and Exchange Commission (SEC) ,
Skilled Laborers ,
Stocks ,
Wage and Hour
It appears to be official: unless the election results can be overturned in several states, Joe Biden will soon be our nation’s 46th president. Now the work begins to forecast what the next four years will bring. We’ve spent...more
11/9/2020
/ Affirmative Action ,
Biden Administration ,
Data Privacy ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Federal Labor Laws ,
Immigration Procedures ,
Immigration Reform ,
Labor Relations ,
Legislative Agendas ,
Paid Leave ,
Pay Equity Laws ,
Political Campaigns ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
In one of the most closely watched (and most expensive) fronts in the ongoing battle over employment classification of gig workers, California voters appear to have approved Proposition 22, a ballot measure that confirms the...more
11/4/2020
/ Ballot Measures ,
Delivery Drivers ,
Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Ridesharing ,
State Labor Laws ,
Wage and Hour
Either incumbent Donald Trump or challenger Joe Biden will be inaugurated as president on January 20, 2021 – and the impact on workplace law will be significant. Each candidate has provided us with clues (some subtle, some...more
10/9/2020
/ Affordable Care Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Federal Labor Laws ,
Gig Economy ,
Health Insurance ,
Independent Contractors ,
Joe Biden ,
Joint Employers ,
Labor Regulations ,
Medical Leave ,
Misclassification ,
Paid Leave ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Trump Administration ,
Wage and Hour
Gig economy companies across the country had a whirlwind September, as legal developments impacting their business models continued to unfold. Here are the five most significant workplace law developments in the gig economy...more
10/7/2020
/ ABC Test ,
Ballot Measures ,
Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Exceptions ,
Gig Economy ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
New Rules ,
Presidential Nominations ,
Proposed Rules ,
Ridesharing ,
Wage and Hour
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death