Technology, media, and telecommunications organizations are at the forefront of tackling new challenges in handling employee information and managing employee populations. As legislatures (from the federal level down to...more
3/26/2019
/ #MeToo ,
Cybersecurity ,
Data Protection ,
Digital Media ,
Employer Liability Issues ,
General Data Protection Regulation (GDPR) ,
Human Resources Professionals ,
Over-Time ,
Sexual Harassment ,
Telecommunications ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
After nearly 16 years of legislative efforts, the New York State Legislature passed the Gender Expression Non-Discrimination Act (“GENDA” or “Law”), explicitly adding “gender identity or expression” as a protected class under...more
Recent headlines have highlighted changes occurring in the workforce. Generation Z will be entering the workforce in the new year, marking five generations working side by side. Therefore, as 2019 approaches, it will be...more
12/28/2018
/ #MeToo ,
Bias ,
Corporate Culture ,
Decriminalization of Marijuana ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Discrimination ,
Gender Identity ,
Hostile Environment ,
NYCHRL ,
Pay Equity Laws ,
Sexual Harassment ,
State Labor Laws
There is a visceral and palpable dynamic emerging in global workplaces: tension.
Tension between what is potentially knowable—and what is actually known. Tension between the present and the future state of work. Tension...more
On October 23, 2018, District of Columbia Mayor Muriel Bowser approved the Tipped Wage Workers Fairness Amendment Act of 2018, D.C. Act 22-489 (“Act”), which repeals an initiative that would have eliminated the tip credit. At...more
11/16/2018
/ Employee Training ,
Hospitality Industry ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Posting Requirements ,
Restaurant Industry ,
Sexual Harassment ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
On August 29, 2018, Delaware Governor John Carney signed into law House Bill 360 (“Law”), adding Delaware to the already significant list of states that have recently enacted laws expanding workplace protections against...more
On May 15, 2018, Maryland Governor Lawrence Hogan approved new legislation intended to respond to the #MeToo movement. Effective October 1, 2018, the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”)...more
7/31/2018
/ #MeToo ,
Arbitration ,
Commission on Human Rights ,
Data Collection ,
Disclosure ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Governor Hogan ,
Mandatory Arbitration Clauses ,
NLRA ,
Preemption ,
Retaliation ,
Sexual Harassment
Employers in the health care industry are dealing with a growing number of employment law challenges. In this edition of Take 5, we identify the key issues confronting health care employers and discuss how to manage these...more
7/2/2018
/ Acquisitions ,
Due Diligence ,
Employee Training ,
Employer Liability Issues ,
False Claims Act (FCA) ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Healthcare Facilities ,
Mergers ,
Misclassification ,
OSHA ,
Pay Equity Laws ,
Policies and Procedures ,
Resignation ,
Restrictive Covenants ,
Retaliation ,
Workplace Violence
As Gordon Gekko famously pronounced in the 1980s classic movie Wall Street, “The most valuable commodity … is information.” Those words have never rung truer than in today’s world and in today’s workplaces. And as the old...more
5/30/2018
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Benefit Plan Sponsors ,
Big Data ,
Corporate Social Responsibility ,
Cybersecurity ,
Department of Labor (DOL) ,
Diversity ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Human Resources Professionals ,
Pay Equity Laws ,
Popular ,
STEM ,
Voluntary Self-Audit
Addressing Workplace Sexual Harassment in the Wake of #MeToo -
Revelations of the Harvey Weinstein scandal, and those that have followed, have ignited sexual harassment complaints against employers across all industries....more
12/27/2017
/ Arbitration Agreements ,
Class Action Arbitration Waivers ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Harassment ,
Minimum Salary ,
Paid Leave ,
Popular ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions
Five Issues in Focus for Financial Services -
For this edition of the Take 5 for financial services, we focus on a number of very well-publicized issues. The tidal wave of sexual harassment allegations that followed the...more
11/29/2017
/ Employer Liability Issues ,
Executive Compensation ,
Financial Services Industry ,
Hiring & Firing ,
Human Resources Professionals ,
Pay Gap ,
Pay Ratio ,
Political Speech ,
Risk Management ,
Salary/Wage History ,
Sexual Harassment ,
Trade Secrets
Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved...more
11/1/2017
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Interactive Process ,
Non-Discrimination Rules ,
Restrictive Covenants ,
Section 1557 ,
Sexual Orientation Discrimination
A major transition in government is well underway. As we look back over the past 12 months, we are reminded of employment, labor, and workforce management issues that remain top of mind to all employers. In this Take 5, the...more
12/15/2016
/ Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Gender Discrimination ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Preliminary Injunctions ,
Sick Leave ,
Transgender ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Employers in the health care industry are likely to face significant changes under President-elect Donald J. Trump’s administration and should expect a healthy dose of uncertainty for the next few months. During his campaign,...more
12/7/2016
/ Affordable Care Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Hiring & Firing ,
Non-Discrimination Rules ,
OCR ,
Patient Privacy Rights ,
Trump Administration ,
Unions ,
Vaccinations
As our colleagues reported earlier this month, on May 18, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule titled “Nondiscrimination in Health Programs and Activities” (“Final Rule”)...more
Employers in the health care industry are facing a number of looming threats. Workplace violence is one of the most serious occupational hazards facing health care workers, while cyber-attacks pose a significant threat to the...more
3/25/2016
/ Criminal Background Checks ,
Cybersecurity ,
Healthcare Facilities ,
Home Health Care ,
Joint Employers ,
NLRB ,
OSHA ,
Popular ,
Ransomware ,
Union Elections ,
Workplace Violence
Message from ERIC President and CEO Annette Guarisco Fildes:
Welcome to the Fall edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm of Epstein Becker &...more
Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more
10/29/2015
/ Affordable Care Act ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Healthcare Workers ,
Joint Employers ,
Life Sciences ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
NLRB ,
Nursing Homes ,
OSHA ,
Physicians ,
Protected Concerted Activity ,
Right to Control ,
Unions ,
Unpaid Overtime ,
Wage and Hour
On July 2, 2015, Montgomery County, Maryland, became the latest jurisdiction to mandate paid sick and safe leave (“Sick Leave”). The “Earned Sick and Safe Leave” law, Bill No. 60-14 (“Act”), requires all employers operating...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...more
6/23/2015
/ Background Checks ,
Corporate Counsel ,
Criminal Background Checks ,
Discrimination ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
LGBTQ ,
Popular ,
Religious Discrimination ,
Strategic Enforcement Plan ,
Title VII ,
Transgender ,
Young Lawyers
In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more
On February 23, 2015, the U.S. Department of Labor (“DOL”) published a final rule amending the definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to include all individuals in legal marriages. This new...more