Q: Are there any risks to using AI to enhance diversity in the workplace? ...more
8/2/2023
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Innovative Technology ,
Job Applicants ,
Machine Learning
Who Needs to Know -
Buyers and sellers.
Why It Matters -
In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this...more
Q: What Does the $1.9 Trillion American Rescue Plan Mean for Employers?
A: On March 11, nearly a year after the enactment of the Families First Coronavirus Response Act (FFCRA) and CARES Act, and three months after the...more
Who Needs to Know -
Employers who are reopening (or have already reopened) by bringing employees back to their workplaces.
Why It Matters -
Bringing a workforce back to the workplace, whether from teleworking,...more
9/25/2020
/ Coronavirus/COVID-19 ,
Cost-Savings ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Paid Sick Leave ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Wage and Hour ,
Workplace Safety
As we previously covered, on August 3, the U.S. District Court for the Southern District of New York (SDNY) struck down four parts of the regulations issued by the U.S. Department of Labor (DOL) implementing the Families...more
9/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Infectious Diseases ,
Intermittent Leave ,
Labor Regulations ,
Paid Leave ,
Regulatory Requirements ,
Required Documentation ,
Sick Leave ,
Wage and Hour
Q. I understand that the United States Supreme Court came out with a new decision extending Title VII protections. What are the details? ...more
6/17/2020
/ 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
Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss employee benefits, executive compensation, and labor and employment issues that employers are confronting in light of the COVID-19 pandemic,...more
Three California cities — Los Angeles, San Francisco and San Jose — have recently enacted paid sick leave laws in response to the COVID-19 pandemic. These laws are meant to fill the gaps left by the Families First Coronavirus...more
In response to the financial pressures of the COVID-19 crisis, many employers are considering pay reductions as an alternative to furloughs or layoffs. Most states require advance notice of these changes, and some states have...more
In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis....more
On Wednesday, April 15, Pennsylvania Governor Tom Wolf, in conjunction with the state’s Department of Health, announced a new Order requiring businesses to implement new safety measures in response to the coronavirus...more
On April 1, the U.S. Department of Labor (DOL) posted a temporary rule issuing regulations pursuant to the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA), both part of...more
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, provides an estimated $2 trillion stimulus package in response to the COVID-19 pandemic....more
Businesses have begun to feel the pinch as state orders related to the COVID-19 pandemic have resulted in the shutdown of facilities across the country. As a result, many companies are being forced to make difficult decisions...more
On March 18, New York passed legislation that provides employees with sick leave benefits and job protection (New York Sick Leave Law or NYSLL). The NYSLL is effective immediately. Prior to this law, New York did not have any...more
On March 18, President Trump signed into law the Families First Coronavirus Response Act (the Act). The Act addresses many issues related to the nation’s response to COVID-19, including free coronavirus testing, funding to...more
3/19/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Paid Time Off (PTO) ,
Relief Measures ,
Secretary of the Treasury ,
Sick Leave ,
Sick Pay
As the COVID-19 coronavirus continues to present challenges to employers worldwide, we have created this frequently asked questions document to answer some of the most common questions we have been hearing from clients,...more
3/16/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Leave of Absence ,
Paid Time Off (PTO) ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act ,
Workplace Safety
With more than 90,000 cases of coronavirus (COVID-19) across 65 countries, it is only a matter of time before the disease has an impact on normal business operations. However, as the virus continues its march around the...more
3/11/2020
/ Americans with Disabilities Act (ADA) ,
Business Operations ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Leave of Absence ,
Paid Time Off (PTO) ,
Public Health ,
Reasonable Accommodation ,
Sick Leave ,
Traveling Employee ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
As we have reported previously, the California Consumer Privacy Act (CCPA) will take effect on January 1, 2020. On or before that date, businesses that employ California residents, retain California residents as independent...more
10/29/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more
9/18/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Non-Exempt Employees ,
Pending Legislation ,
Regulatory Agenda ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more
6/6/2019
/ Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Obama Administration ,
Opinion Letter ,
Regulatory Standards ,
Service Professionals ,
Trump Administration ,
Wage and Hour
On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more
A year ago, sexual assault allegations against movie mogul Harvey Weinstein rocked the entertainment industry and quickly led to the rise of the #MeToo movement, sparking an upsurge of reports and claims of sexual harassment...more
11/29/2018
/ #MeToo ,
Class Action ,
Corporate Liability ,
D&O Insurance ,
Derivative Suit ,
Employer Liability Issues ,
Employment Practices Liability Coverage ,
Harassment ,
Hostile Environment ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Popular ,
Securities Fraud ,
Sexual Harassment
On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more
9/21/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Policies ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
Employers increasingly maintain timekeeping systems that require employees to clock in and out of work using their fingerprints to reduce the risk of coworkers clocking in for each other (so-called “buddy punching”) and to...more
6/29/2018
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Transfers ,
Employer Liability Issues ,
Fingerprints ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government