Labor & Employment - Lewis Brisbois Bisgaard & Smith LLP

Labor & Employment

Labor & Employment Practice

All Blog posts

Calculating Vehicle-Related Expenses Under The FLSA Posted on: September 21, 2020 In: Labor & Employment
At the end of August, the Department of Labor issued an opinion letter discussing the Fair Labor Standards Act’s (FLSA) requirement that employers reimburse certain non-exempt employees for expenses related to the use of personal vehicles during the course of employment. An employer violates the FLSA if an employee’s wages, minus any expenses incurred for the benefit of the employer, fall short of the federal minimum wage. The letter clarifies the permissible methods for calculating expenses under the FLSA.
Read more »

Tags:
dol, flsa, employee reimbursement, employee vehicle use
Sexual Harassment Prevention Training 2020: What Employers Need to Know Posted on: September 17, 2020 In: Labor & Employment
In 2020, the Illinois Workplace Transparency Act (WTA)—a comprehensive, bipartisan overhaul of Illinois’ sexual harassment and discrimination laws—took effect. The WTA significantly expands the scope and protection of existing employment statutes, redefining “harassment” as “any unwelcome conduct” on the basis of a protected characteristic with “the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment.”
Read more »

Tags:
sexual harassment, sexual discrimination, illinois, workplace transparency act, employee training
3 Things You Can Do If You Suspect An Ex-Employee of Stealing Trade Secrets Posted on: September 10, 2020 In: Labor & Employment
One of the most obvious changes caused by COVID-19 is that everyone is now working from home. According to the 2020 Remote Work-From-Home Cybersecurity Report, sponsored by Pulse Secure, 84% of U.S. companies surveyed expect broader work-from-home adoption despite the fact that 69% of these organizations are concerned about work-from-home security risks. So, this begs the question, what should you do if you suspect an employee or ex-employee of stealing trade secrets?
Read more »

Tags:
trade secrets, information security, employee theft, work from home
When OSHA Knocks On Your Door: An Employer’s Guide to Workplace Inspections Posted on: August 25, 2020 In: Labor & Employment, COVID-19 Response
Since the pandemic started, there have been over 31,000 COVID-19-related complaints to federal and state OSHA offices. OSHA has a number of ways to investigate these complaints, including written inquiries, document requests, and inspections. An OSHA inspection can sometimes be quite intimidating for employers. Therefore, employers should know their rights before OSHA shows up for an inspection. Seven key elements of OSHA inspections, along with employers’ corresponding rights, are described in this post.
Read more »

Tags:
osha, workplace inspections, covid-19, workplace safety, regulations
The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication Posted on: August 20, 2020 In: Labor & Employment, COVID-19 Response
If there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again.
Read more »

Tags:
zoom, virtual meetings, litigation, electronic communication, covid-19
Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & Employment
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.
Read more »

Tags:
whistleblower, discrimination, title vii, termination, employment law
U.S. Supreme Court Gives Grace to Religious Employers Posted on: July 09, 2020 In: Labor & Employment
In 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.
Read more »

Tags:
employment law, religion, lgbtq+, supreme court, discrimination
Americans with Disabilities Act: A Checklist for Compliance Posted on: July 09, 2020 In: Labor & Employment
While 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.
Read more »

Tags:
employment law, ada, americans with disabilities act
How Employers Can Best Accommodate Working Parents During COVID-19 & Avoid Discrimination Claims Posted on: July 02, 2020 In: Labor & Employment, COVID-19 Response
COVID-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.
Read more »

Tags:
covid-19, coronavirus, working parents, fmla, ada, discrimination
Fictitious Business Names on Wage Statements: An Invitation for Penalties in California Posted on: June 30, 2020 In: Labor & Employment
Complying 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.
Read more »

Tags:
california, fictitious business name, paga, payroll, wages
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 & Employment
The 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.
Read more »

Tags:
at-will employment, wrongful termination, public policy, severance agreement, human resources
U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees Posted on: June 15, 2020 In: Labor & Employment
On 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.
Read more »

Tags:
supreme court, lgbtq+, title vii, discrimination, eeoc

1
2
3
›