With increasingly diverse and complex work arrangements, companies face challenges in answering a seemingly basic legal question: Is a worker an employee of the company, or an independent contractor?
On June 13, the...more
Key Points -
On June 13, 2023, the NLRB issued a decision in Atlanta Opera tightening the legal standard for determining whether a worker is an independent contractor exempt from the requirements of the NLRA and returning...more
Key Points -
The NLRB’s General Counsel issued a memorandum providing her position on the NLRB’s recent decision in McLaren Macomb, holding that employers may not offer severance agreements with broad confidentiality or...more
Key Points -
On February 21, 2023, the NLRB issued a decision in McLaren Macomb holding that employers may not offer severance agreements with broad confidentiality or non-disparagement clauses to union and non-union...more
At the beginning of the COVID-19 crisis, the vast majority of states across the country implemented “stay at home” orders requiring the closure of, or severely restricting, nonessential business operations...more
A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more
5/24/2022
/ ABC Test ,
At-Will Employment ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
Joint and Several Liability
Key Points -
The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more
10/1/2021
/ Alston v NCAA ,
Educational Institutions ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Unions
Key Points -
On August 12, 2021, the National Labor Relations Board’s (NLRB) recently appointed General Counsel issued a memorandum requiring reexamination of labor law doctrine in several key areas. The memorandum is...more
To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more
8/9/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
NLRB ,
Pregnancy Discrimination Act (PDA) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Key Points:
- Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands.
- Now is the time for employers to think through issues raised by employee vaccination...more
4/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Food and Drug Administration (FDA) ,
GINA ,
Infectious Diseases ,
NLRA ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Below is a tracker of states, counties and cities that, as of June 8, 2020, have implemented “stay at home” orders requiring the closure of non essential businesses or a subset thereof (e.g., non-essential retail businesses)....more
6/9/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Non-Essential Businesses ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Social Distancing ,
State and Local Government ,
Workplace Safety
- The COVID-19 pandemic presents challenges for employers trying to protect their workforce from the spread of the virus, while also protecting the privacy of employee medical information.
- The EEOC has issued new guidance...more
- On February 26, 2020, the NLRB issued a final rule tightening the standard for joint employment under the NLRA.
- The joint-employer standard is important because if two entities are joint employers, both must bargain...more
• The Consumer Financial Protection Bureau (CFPB) has issued an interim final rule requiring employers to update the summary of rights form given to applicants and employees in conjunction with a background check by a...more
10/22/2018
/ Adverse Action ,
Background Checks ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Credit Reports ,
Disclosure Requirements ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Fraud Alerts ,
Hiring & Firing ,
Interim Final Rules (IFR) ,
Job Applicants ,
Summary of Consumer Rights ,
Summary of Rights