Most employers are familiar with the anti-retaliation provisions of their state’s anti-discrimination statutes and Title VII under federal law. These laws create robust rights of action for current and former employees who allege they were retaliated against for complaining of discrimination or harassment in the workplace. They also carry with them the threat of hefty damages verdicts for employees, and awards of attorneys’ fees that sometimes dwarf the sum of the damages themselves.
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Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & Employment
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ECJ Invalidates the EU-US Privacy Shield as Adequate Transfer Mechanism Posted on: July 16, 2020 In: Data Privacy & CybersecurityIn a ruling issued on July 16, 2020, the European Court of Justice (ECJ) invalidated the EU-U.S. Privacy Shield – a primary mechanism available to companies exporting personal data from the European Economic Area (EEA) to the United States.
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A Time for Reflection: Advisen’s 2020 Cyber Law Firm of the Year Award Posted on: July 15, 2020 In: Data Privacy & CybersecurityLewis Brisbois' Data Privacy & Cybersecurity Team recently received Advisen’s 2020 “Cyber Law Firm of the Year” award for the second year in a row. We are proud of this accomplishment and grateful for Advisen’s recognition, as well as the dedication of our attorneys and industry partners. Receiving this honor provides us with more than simply a reason to celebrate. It also gives us a chance to reflect upon the work that we performed last year and to determine how best to serve our clients in the future.
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Accounting Firms: Confirming Security of Client Information After Reports of Tax Fraud Posted on: July 14, 2020 In: Data Privacy & CybersecurityThe July 15, 2020 extended tax-filing deadline is upon us. Accounting and tax preparation firms are squarely in the crosshairs of opportunistic cyber criminals looking to obtain and exploit sensitive information for the purposes of committing tax fraud. Unfortunately, thousands of Americans will see fraudulent tax returns filed in their names this year, and the accounting firm that files the client’s taxes is often the most obvious target for blame, but the source of the tax exploit may not be as obvious.
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U.S. Supreme Court Gives Grace to Religious Employers Posted on: July 09, 2020 In: Labor & EmploymentIn 2012, the United States Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171, and first recognized a “ministerial exception.” The ministerial exception is a First Amendment doctrine that prohibits civil courts from adjudicating employment-related cases brought by “ministerial” employees against their religious employers.
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Americans with Disabilities Act: A Checklist for Compliance Posted on: July 09, 2020 In: Labor & EmploymentWhile employers are busy complying with the ever-changing landscape of regulations during a pandemic, “normal” employment issues, such as disability accommodations, remain as important as ever.
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How Employers Can Best Accommodate Working Parents During COVID-19 & Avoid Discrimination Claims Posted on: July 02, 2020 In: Labor & Employment, COVID-19 ResponseCOVID-19 has resulted in no schools, no child care, and no after school activities, leaving no option for many working parents but to stay home and care for their kids while working full-time jobs. Working parents are struggling to balance childcare responsibilities and job responsibilities during these tough times. Additionally, employers are struggling to stay in business, leading to record lay-offs and unemployment. The result? Legal experts predict a significant increase in litigation.
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Fictitious Business Names on Wage Statements: An Invitation for Penalties in California Posted on: June 30, 2020 In: Labor & EmploymentComplying with California law on wage statements can be tricky for employers. Pursuant to Labor Code Section 226(a)(8), wage statements must identify the employer’s legal name. An employer can comply with this requirement by listing either the legal entity name or a registered fictitious business name (dba) on the wage statement. Failing to do so can expose employers to extensive liability on a class-wide basis through a class action or Private Attorney General Act (PAGA) representative action.
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Common Law Claims for Wrongful Termination Based on a Claimed Violation of Public Policy: Five Tips for Employers to Avoid Liability Posted on: June 24, 2020 In: Labor & EmploymentThe at-will employment doctrine provides extensive flexibility to both employers and employees to conclude their employment arrangements. As a general matter, this at-will rule permits an employer to terminate an employee for a good reason, a bad reason, or no reason at all as long as the termination does not implicate a protected federal or state statutory basis—most particularly, statutory protections against employment discrimination.
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Business Email Compromise Attacks on the Rise in 2020 Posted on: June 18, 2020 In: Data Privacy & Cybersecurity, COVID-19 ResponseA business email compromise (BEC) is a cyber crime that utilizes access to an organization’s email to defraud that organization and its employees, customers, or partners. In 2020, COVID-19 has provided attackers with a new source for BEC exploits. Attackers are taking advantage of the need for communications surrounding COVID-19 and increased remote work connections from employee home networks to their employers’ corporate networks.
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U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees Posted on: June 15, 2020 In: Labor & EmploymentOn June 15, 2020, the United States Supreme Court held that Title VII, the federal employment law that prohibits discrimination “because of sex,” bars discrimination based on an individual’s sexual orientation and transgender status. Conservative Justice Neil Gorsuch, joined by Chief Justice John Roberts and four liberal members of the Court, penned the 6-3 decision granting nationwide protection to LGBTQ+ employees.
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A Quick Checklist for Navigating Requests for Paternity Leave in California Posted on: June 11, 2020 In: Labor & EmploymentEmployers commonly process requests from expecting mothers for maternity leave. However, when it comes to welcoming a new baby, it’s all hands on deck. As such, it is important for companies to be knowledgeable about the different types of leave that may apply to expecting fathers.
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Featured Posts
- July 15, 2020 A Time for Reflection: Advisen’s 2020 Cyber Law Firm of the Year Award
- July 14, 2020 Accounting Firms: Confirming Security of Client Information After Reports of Tax Fraud
- July 09, 2020 U.S. Supreme Court Gives Grace to Religious Employers
- June 18, 2020 Business Email Compromise Attacks on the Rise in 2020
- June 15, 2020 U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees
- June 03, 2020 California AG Submits CCPA Regulations for Final Approval, Paving the Way Toward Enforcement
- May 29, 2020 Seventh Circuit Court of Appeals Recent Decision in Molson-Coors v. Anheuser-Busch Affirms Lesson: Choose Words Wisely
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