David Schwartz on Employer Liability Issues

Employment Flash - January 2022

This edition summarizes key employment law developments during the last quarter of 2021, including, among other COVID-19 vaccine mandates instituted around the globe, the Occupational Safety and Health Administration’s...more

1/12/2022 / Coronavirus/COVID-19 , Department of Labor (DOL) , Employer Liability Issues , Employment Policies , OSHA , State Labor Laws , Title VII , Vaccinations , Wage and Hour , Whistleblowers , Workplace Safety

Return-to-Office Update and Considerations for Employers

Since our June article, which addressed key labor considerations for return-to-office plans, the COVID-19 situation in the U.S. has continued to evolve. One vaccine has received full and final approval from the U.S. Food and...more

9/29/2021 / Biden Administration , Coronavirus/COVID-19 , Employer Liability Issues , Employer Mandates , Federal Contractors , Federal Employees , Healthcare Workers , Infectious Diseases , OSHA , Vaccinations , Workplace Safety

Employment Flash - August 2021

This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more

9/2/2021 / COBRA , Criminal Background Checks , Department of Labor (DOL) , Employee Benefits , Employer Liability Issues , Form I-9 , Gig Economy , Hiring & Firing , International Labor Laws , Labor Regulations , Non-Compete Agreements , Over-Time , State Labor Laws , Wage and Hour

Key Labor Considerations for Return-to-Office Plans

At this stage of the pandemic in the United States, vaccines are widely accessible, and states and municipalities are rapidly lifting restrictions. However, before employees return to physical work sites, employers must...more

7/1/2021 / Americans with Disabilities Act (ADA) , Civil Rights Act , Coronavirus/COVID-19 , Employee Incentive Plans , Employer Liability Issues , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Infectious Diseases , Reasonable Accommodation , Title VII , Vaccinations , Workplace Safety

Four Questions on Directors’ Minds as the World Returns to Work

The extent to which employers can require vaccinations and testing will shape the reopening process. Employers also worry about potential COVID-related liabilities....more

6/16/2021 / Americans with Disabilities Act (ADA) , Board of Directors , Coronavirus/COVID-19 , Employer Liability Issues , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Infectious Diseases , Vaccinations , Workplace Safety

Employment Flash - June 2021

This edition of Employment Flash summarizes key employment law issues, including employers' COBRA obligations and increased minimum wage for federal contractors. We also discuss New York's newly enacted laws prohibiting...more

6/1/2021 / COBRA , Coronavirus/COVID-19 , EEO-1 , Employee Benefits , Employer Liability Issues , Equal Pay , Form I-9 , Hiring & Firing , International Labor Laws , NLRB , OFCCP , Wage and Hour

Early Changes for Employers and Employees

A series of employment-related actions in President Biden’s first 100 days in office signal the likelihood of additional actions and legislative proposals. Employers should expect a decidedly pro-worker tilt....more

5/5/2021 / American Rescue Plan Act of 2021 , Biden Administration , COBRA , Coronavirus/COVID-19 , Employee Benefits , Employee Definition , Employer Liability Issues , Joint Employers , NLRA , NLRB , Wage and Hour

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

10/16/2020 / Administrative Procedure Act , Amended Rules , Arbitrary and Capricious , Bias , California , California Family Rights Act (CFRA) , Collective Redundancies Directive , Coronavirus/COVID-19 , Delivery Drivers , Department of Labor (DOL) , Earned Sick and Safe Time Act , Economic Realities Test , Electronic Protected Health Information (ePHI) , Employee Benefits , Employee Privacy Rights , Employee Training , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Fair Labor Standards Act (FLSA) , Families First Coronavirus Response Act (FFCRA) , Family and Medical Leave Act (FMLA) , Federal Bans , Federal Contractors , Federal Labor Laws , Federal Trade Commission (FTC) , France , Germany , Governor Newsom , Independent Contractors , International Labor Laws , Joint Employers , Local Ordinance , LPTA , Mayor de Blasio , Mileage Reimbursement , New Rules , New York , NLRB , Non-Compete Agreements , Occupational Exposure , OFCCP , Paid Sick Leave , Pay Data , Proposed Rules , Reasonable Accommodation , Reduction in Hours , Remote Working , Ridesharing , Safe Time , Sick Leave , State Labor Laws , Trump Administration , UK , Virus Testing , Workplace Safety

Developing a Diverse Workforce

Issues of racial equality have at times dominated news cycles this year. Against this backdrop, and notwithstanding the other challenges of 2020, many employers are working to meaningfully enhance their approaches to...more

10/2/2020 / Affirmative Action , Civil Rights Act , Diversity , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Federal Labor Laws , Hiring & Firing , Recruitment Policies , State Labor Laws , Strategic Planning , Title VII

Considerations for Returning to Workplaces in the Wake of COVID-19

As employers look to bring their workforces back to the workplace, they face a range of new guidance, regulations, statutes and orders issued by federal, state and local governments and agencies. Employers will need to assess...more

Privacy & Cybersecurity Update - April 2020

In this month's edition of our Privacy & Cybersecurity Update, we examine Washington state's new facial recognition law, the U.K. Supreme Court's ruling that an employer is not liable for a data breach caused by a disgruntled...more

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

2/14/2020 / Arbitral Deference , Arbitration , Confidentiality Policies , Criminal Convictions , Department of Labor (DOL) , Disability Discrimination , Drug Testing , Dynamex , Email Policies , Employee Rights , Employer Liability Issues , Equality Act , Fair Labor Standards Act (FLSA) , Family and Medical Leave Act (FMLA) , Form I-9 , France , Gender-Based Pay Discrimination , H-1B , Harassment , Hiring & Firing , Independent Contractors , Injunctive Relief , Internal Investigations , International Labor Laws , Job Applicants , Joint Employers , Local Ordinance , Mandatory Arbitration Clauses , Marijuana , Medical Marijuana , Misclassification , NLRB , Pay Discrimination , Pay Equity Laws , Pay Rates , Recreational Use , Religious Beliefs , Severance Agreements , State and Local Government , State Labor Laws , Tip Credit , Title VII , UK , Union Elections , Veganism , White-Collar Exemptions , Workplace Investigations

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

1/30/2020 / Acquisitions , Administrative Procedure Act , Anti-Discrimination Policies , Anti-Harassment Policies , Anti-Kickback Statute , Antitrust Investigations , Appeals , Arbitration Awards , Attorney General , Backstop Agreements , BEPS , BitLicense , Blockchain , Board of Directors , Bonds , Capital Markets , CFIUS , CFTC , Chapter 11 , Claim Preclusion , Class Action , Commercial Bankruptcy , Common Stock , Congressional Investigations & Hearings , Congressional Subpoenas , Consumer Financial Protection Bureau (CFPB) , Cooperation Agreement , Copyright , Corporate Governance , Corporate Restructuring , Corporate Social Responsibility , Corporate Taxes , Corwin Doctrine , Covenant Lite Deals , Creditors , Cross-Border Transactions , DACA , DE Supreme Court , Debt Financing , Debtors , Department of Justice (DOJ) , Dischargeable Debts , Disgorgement , Disparate Impact , Dodd-Frank , Down Rounds , Drug Pricing , EBITDA , Employee Retirement Income Security Act (ERISA) , Employer Liability Issues , Employment Discrimination , Enforcement Actions , Enforcement of Foreign Judgments , Enterprise Act 2002 , Environmental Social & Governance (ESG) , EU , Fair Housing Act (FHA) , Federal Trade Commission (FTC) , FinTech , FIRRMA , Foreign Acquisitions , Foreign Investment , Foreign Issuers , FRCP 23 , General Data Protection Regulation (GDPR) , General Elections , GILTI tax , High-Yield Markets , Hong Kong , Hong Kong Stock Exchange , Individual Accountability , Initial Public Offering (IPO) , Intellectual Property Litigation , Intercreditor Agreements , International Arbitration , International Litigation , IRS , Issue Preclusion , Japan , Joint Venture , Legislative Agendas , Life Sciences , Listing Rules , Litigation Strategies , Make-Whole Premium , Mergers , MFW , Multinationals , National Security , PCAOB , Pharmaceutical Industry , Political Parties , Preferred Shares , Private Offerings , Privately Held Corporations , Proxy Advisory Firms , Publicly-Traded Companies , Refinancing , Regulatory Agenda , Reporting Requirements , SCOTUS , Securities and Exchange Commission (SEC) , Securities Litigation , Separation of Powers , Shareholder Activism , Shareholder Proposals , Shareholders , Split of Authority , State Labor Laws , Stock Drop Litigation , Tax Cuts and Jobs Act , Tax Litigation , Technology Sector , Third-Party Release Agrements , Transparency , UK , UK Brexit , Valuation , White Collar Crimes

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

12/13/2019 / Appeals , Arbitration , Arbitrators , Ballot Measures , Bipartisan Agreement , Burden of Proof , Dynamex , EEO-1 , Employee Monitoring , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Equal Pay , EU , Exemptions , Fair Labor Standards Act (FLSA) , Federal Contractors , Governor Vetoes , H-1B , Independent Contractors , Joint and Several Liability , Judicial Review , Minimum Salary , Multiemployer Plan , NLRB , Non-Compete Agreements , NYHRL , OFCCP , Offer of Judgment , Pay Data , Private Equity Funds , Repeal , Rescission , Retaliation , Retroactive Application , Right to Picket , Sexual Harassment , State Labor Laws , Strict Liability , Sun Capital Partners , Title VII , Trump Administration , Union Organizers , Whistleblower Protection Policies , White-Collar Exemptions

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

9/26/2019 / Anti-Discrimination Policies , Bonuses , CA Supreme Court , Choice-of-Law , Class Action , Competition , Contract Modification , Data Collection , Deadlines , Department of Justice (DOJ) , Department of Labor (DOL) , Domestic Violence , Dynamex , EEO-1 , Employee Training , Employer Liability Issues , Employment Contract , Equal Employment Opportunity Commission (EEOC) , Exempt-Employees , Fair Labor Standards Act (FLSA) , Fair Workweek , Family and Medical Leave Act (FMLA) , Federal Contractors , Federal Labor Laws , Highly Compensated Employees , Independent Contractors , Local Ordinance , Mandatory Arbitration Clauses , Minimum Salary , Misclassification , NLRA , NLRB , Non-Compete Agreements , Non-Exempt Employees , Non-Union , NYCHRL , Opinion Letter , Over-Time , Private Attorneys General Act (PAGA) , Public Schools , Reporting Requirements , Sexual Abuse , Sexual Harassment , Social Media Policy , State Labor Laws , Unilateral Modification , Union Membership , Unpaid Wages , Wage and Hour , White-Collar Exemptions , Work Schedules

Reminder: Review Equity Award Forms for Massachusetts Employees

Many employers make annual employee equity grants in late February and March. This year, companies should review their form equity award agreements to determine whether a different form is needed for participants who live or...more

2/7/2019 / Employer Liability Issues , Equity Compensation , Equity Grants , Garden Leave , New Rules , Non-Compete Agreements , State Labor Laws

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Skadden's 2019 Insights: Responding to the Call for Equal Pay

Over the past couple of years, heightened awareness of and activism about pay inequity has resulted in public commitments from major companies to take steps to address the issue, both in the U.S. and in Europe....more

1/22/2019 / Employer Liability Issues , Equal Pay , Equal Pay Act , Gender-Based Pay Discrimination , Obama Administration , Pay Gap , Publicly-Traded Companies , Salary/Wage History , Shareholder Activism , State Labor Laws , Trump Administration

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

4/26/2018 / Civil Rights Act , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Gender Identity , LGBTQ , Religious Freedom Restoration Act (RFRA) , Sex Discrimination , Sexual Orientation Discrimination , Sexual Stereotyping , Split of Authority , Title VII , Transgender , Wrongful Termination

Addressing Workplace Sexual Harassment in the #MeToo Era

Stories of high-profile individuals in politics, media, entertainment and hospitality alleged to have engaged in sexual harassment, or worse, have been breaking at an unprecedented rate. In the wake of these allegations,...more

1/26/2018 / #MeToo , Anti-Harassment Policies , Anti-Retaliation Provisions , Civil Rights Act , Complaint Procedures , Employer Liability Issues , Employment Contract , Faragher/Ellerth defense , Hostile Environment , Internal Investigations , Remedial Actions , Risk Mitigation , Sexual Harassment , Supervisors , Title VII , Tone At The Top , Vicarious Liability

"Employment Flash - August 2016"

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

9/30/2014 / Affordable Care Act , Ban the Box , Chief Compliance Officers , Class Action , Class Certification , Competition , Compliance , Contraceptive Coverage Mandate , Criminal Background Checks , Employee Rights , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Fair Pay and Safe Workplaces , Family and Medical Leave Act (FMLA) , Franchises , Franchisors , Gender Identity , Independent Contractors , Mailbox Rule , Misclassification , OSHA , Paid Leave , Pregnancy , Pregnancy Discrimination , Religion , Religious Exemption , Reporting Requirements , SCOTUS , Securities and Exchange Commission (SEC) , Sexual Harassment , Sexual Orientation Discrimination , Sick Leave , Unions , Vicarious Liability , Whistleblower Awards , Whistleblowers

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

David Schwartz

Skadden, Arps, Slate, Meagher & Flom LLP

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