The Employer Handbook

• newCalifornia Employers, Are You Prepared For Upcoming Data Privacy Changes?
  It was perfect timing, really. A few hours after yesterday’s “New Jersey is back doing New Jersey things, like trying to kill restrictive covenants” post went live, two of my partners at FisherBroyles reaffirmed that California will always be t…
  - 19 hours ago, 20 May 22, 11:30am -
• newNew Jersey is back doing New Jersey things, like trying to kill restrictive covenants
  For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enfor…
  - 2 days ago, 19 May 22, 10:30am -
• newNew legislation in the House and Senate will make wage and hour violations WAY MORE expensive for employers (and criminal too)
  Last week, the House and Senate introduced a bill called the Wage Theft Prevention and Wage Recovery Act. One of the bill’s primary goals is to ensure that workers receive timely regular paystubs and final paychecks. That seems non-controversial. B…
  - 3 days ago, 18 May 22, 11:30am -

Ohio Employer's Law Blog

• NBC News takes the unprecedented step to release its internal Matt Lauer harassment report
  Image by Max Goldberg via Wiki CommonsYesterday morning, NBC News released the complete report into its months long investigation of Matt Lauer.I was astounded by NBC’s transparency. It is extraordinarily rare for a private company…
  - 10 May 18, 11:21am -
• Sympathetic does not always equal protected under the ADA
  Photo by Pexels on PixabayToday’s opinion is a lesson straight out of the school of hard knocks. No matter how sympathetic the plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side.When…
  - 9 May 18, 11:34am -
• Should employers still test for marijuana?
  Photo by Michael Fischer from PexelsOhio’s medical marijuana program is set to be fully operational by September 2018. Ohio will join 28 other states, and the District of Columbia, in which doctors can legally prescribe marijuana to treat c…
  - 8 May 18, 11:49am -

The Employer's Lawyer

• When Rhetoric Comes to Town
  By now, if you haven’t heard about Donald Trump’s statements on Muslims and his plan to prevent Muslims from entering the country, as well as the vehement support he is receiving from an astonishing number of people, you may be living under a roc…
  - 9 Dec 15, 7:44pm -
• Beware the FMLA Equitable Estoppel Claim
  Imagine that your company has 40 employees, one of whom is subject to hospitalization for a medical condition and requires surgery. He is out of work for several weeks and in his absence, the company realizes that it gets along fine without him. As a…
  - 10 Nov 15, 2:23pm -
• Don’t Bet on the Jury Verdict
  As some of those who follow me on Twitter know, I had jury duty in September. Like most people, it wasn’t something I was looking forward to (and I even tried to get out of it on the basis that no one would pick a lawyer for a jury). Well, it turn…
  - 5 Nov 15, 2:55pm -

Connecticut Employment Law Blog

• Remember the Pandemic? Latest Wave Causes New Issues for Employers
  It’s not over. We all knew that, though some of us — including me — were hoping for a least a bit of a respite during the spring and summer months. No such luck.  Indeed, after two years of avoiding the illness, we recently had a “visit”…
  - 4 days ago, 17 May 22, 12:54am -
• The New Digital Campaign for Your Company’s Workers
  If I said the words, “My money don’t jiggle jiggle, it folds”, what’s your first reaction? If you said, I have no idea what you’re talking about, then this post is for you. But the rest of you know what I’m talking about and are probabl…
  - 12 days ago, 9 May 22, 1:10am -
• “Captive Audience” Bill Passes General Assembly; Will It Pass Legal Scrutiny
  With union organizing efforts making headlines at Amazon and Starbucks, a new bill in Connecticut is designed to make it even easier for unions to win organizing votes. A bill banning so-called “captive audience” meetings won final approval fr…
  - 16 days ago, 5 May 22, 2:41am -

FMLA Insights

• What Can Baseball Teach Us about the FMLA?
  I love baseball. I love the sport so much that, in our family, we are taught that America’s favorite pastime was formed in the story of Creation somewhere between the placement of the stars and Adam’s rib. As a lifelong Chicagoan, I long for spri…
  - 37 days ago, 14 Apr 22, 1:15pm -
• ABA’s Summary of 2021 FMLA Cases an Outstanding Resource for Employers
  If you’re not attending my two-day FMLA master class/party next week (there still is time!), you might find this additional resource helpful for your FMLA efforts. Every February, the American Bar Association’s Federal Labor Standards Legislation…
  - 81 days ago, 1 Mar 22, 6:19am -
• DOL Announces Ramped-Up FMLA Audits for Employers in Select Industries
  They’re baaaaaack! Earlier this month, the Department of Labor announced that it would ramp up FMLA audits (as well as wage and hour audits generally) on employers, particularly those in the warehouse and logistics industries. Noting the increased…
  - 87 days ago, 23 Feb 22, 6:50am -

Labor Relations Today

• What Can Baseball Teach Us about the FMLA?
  I love baseball. I love the sport so much that, in our family, we are taught that America’s favorite pastime was formed in the story of Creation somewhere between the placement of the stars and Adam’s rib. As a lifelong Chicagoan, I long for spri…
  - 37 days ago, 14 Apr 22, 1:15pm -
• ABA’s Summary of 2021 FMLA Cases an Outstanding Resource for Employers
  If you’re not attending my two-day FMLA master class/party next week (there still is time!), you might find this additional resource helpful for your FMLA efforts. Every February, the American Bar Association’s Federal Labor Standards Legislation…
  - 81 days ago, 1 Mar 22, 6:19am -
• DOL Announces Ramped-Up FMLA Audits for Employers in Select Industries
  They’re baaaaaack! Earlier this month, the Department of Labor announced that it would ramp up FMLA audits (as well as wage and hour audits generally) on employers, particularly those in the warehouse and logistics industries. Noting the increased…
  - 87 days ago, 23 Feb 22, 6:50am -

Employment and Labor Insider

Delaware Employment Blog

Lawffice Space

• EEOC publishes technical assistance document on artificial intelligence and the ADA
  Not official use.What if an employer uses a "chatbot" to screen applicants? And, let's say the chatbot is programmed to screen out applicants who have a gap in their resumes. But, wait! What if the gap was caused by the applicant having a disability…
  - 4 days ago, 17 May 22, 1:27pm -
• SCOTUS to review SCOPA on personal jurisdiction for corporations
  It's not every day that the Supreme Court of the United States (SCOTUS) grants certiorari to hear a case from the Supreme Court of Pennsylvania (SCOPA) - but it just happened! SCOTUS will hear Mallory v. Norfolk Southern Railway Co., and the issue pr…
  - 19 days ago, 2 May 22, 12:00pm -
• 5th Circuit: One N-word is enough to create a hostile work environment
  Under Title VII, a hostile work environment claim requires harassment that is "severe or pervasive." A single incident can be severe enough to meet this standard. Ordinarily though, a single incident of verbal (as opposed to physical) harassment will…
  - 54 days ago, 27 Mar 22, 11:41pm -