Demystifying Wage and Hour Audits: One-on-One with Courtney McFate
New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Non-Disparagement Tips for Employers
Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
The Journey of Litigation
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Workplace Risks Meet Holistic Legal Solutions: One-on-One with Adam Tomiak
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Podcast - How Do You Define Success?
Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
Handling References and Referrals While Safeguarding Your Business
PODCAST: Williams Mullen's Benefits Companion - Forfeitures Under Fire
Your Guide to Dealing with Subpoenas Effectively
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Podcast - The Law as a Force for Change
Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast
The Changing Landscape of EEOC Enforcement and Disparate Impact
The discussion of Artificial Intelligence (“AI”) in the workplace typically focuses on whether the AI tool and model has a discriminatory impact....more
Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This...more
It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more
As we’ve said before, one of the easiest and least expensive tools for businesses to reduce liability and insulate from (at least some) risk, is often the one most frequently overlooked. Creating, promulgating, and most...more
The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more
Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it does not. It is common practice to include, in an...more
On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more
Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more
Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more
On May 1, 2023, the National Labor Relations Board (the Board) issued its decision in Lion Elastomers LLC II and made it more difficult for employers to discipline employees for misconduct and outbursts. Now employers must...more
While California’s Fair Employment and Housing Act (FEHA) generally holds employers strictly liable for harassment by a supervisor, a recent decision from the California Court of Appeal establishes an important limitation for...more
Previously, we analyzed the proper scope for discovery requests that asked for employee drug and alcohol test results. In this article, we analyze a far more potent discovery substance—cell phone data....more
No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...more
In Roberts v. Gestamp West Virginia, LLC, the Fourth Circuit Court of Appeals—which covers Maryland, West Virginia, Virginia, North Carolina, and South Carolina—held that when an employer allows an employee to use an informal...more
Restaurant Fired Employee After She Reported Sexual Harassment, Federal Agency Charged - TAMPA, Fla. – Chipotle Services LLC, doing business as Chipotle Mexican Grill, a Mexican-style fast food chain, has agreed to pay...more
A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more
In this strange new world, employers must navigate how to bring employees back safely to the office and keep them healthy once they are there. This program will cover best practices including complying with OSHA as well as...more
As someone who represents employers, I’ve long been a proponent of arbitration as a way to limit exposure to employment claims. I have colleagues who disagree and I recognize that it’s a complicated issue. So starting about...more
In this Trending News video from Employment Law This Week®, attorney Denise Dadika examines the unique challenges health care employers face as they ramp business back up and reopen for both patients and employees. Visit our...more
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is leading some employers to consider extreme, and often unnecessary, new policies in...more
Employees concerned about their workplace safety amidst the COVID-19 pandemic recently filed a legal action against their employer (Smithfield Foods) seeking a court order that would require the company to comply with Centers...more
The economy is strong. Unemployment continues to hover around 4%, the lowest it has been in decades. Yet there are growing concerns that a recession is coming. Originally published in HR Daily Advisor....more