Posted June 10, 2019
Restaurant success used to be all about a winning menu, appealing décor and strong word of mouth. Nowadays, success also has a lot to do with compliance of labor and employment matters, as restaurants frequently find themselves at the center …
Posted June 5, 2019
On Jan. 25, 2019, the National Labor Relations Board (NLRB) issued an employer-friendly decision in SuperShuttle DFW, 367 N.L.R.B., No. 75 that added a wrinkle to the already complex patchwork of laws determining whether a worker is an employee or …
Posted May 24, 2019
Thirty-three states have some form of legalized recreational or medical marijuana use as of April 2019, requiring many U.S. employers to rethink their rules and approaches when it comes to workers’ use of marijuana. In many of these states, medical …
Posted May 15, 2019
As the minimum wage discourse permeates the country and discussions about fairness and living wages make their way into state and local legislatures, a question remains for how minimum wage laws affect tipped employees. Tip credits allow employers to pay …
Posted May 8, 2019
Human resource departments nationwide are attuned to the California Supreme Court, which has received briefs and awaits argument later this year to address whether California’s generous wage-and-hour provisions apply to out-of-staters traveling to the state for work. Arising from claims …
Posted May 2, 2019
The enforcement and legality of arbitration agreements has been increasingly established over the last decade, starting with AT&T v. Concepcion in 2011 and more recently the U.S. Supreme Court’s ruling of Epic Systems v. Lewis in May 2018. As such, companies have grown to rely …
Posted April 25, 2019
In January 2019, the National Labor Relations Board (NLRB) narrowed the standard for when an employee’s conduct is considered protected concerted activity. The 3-1 ruling upheld the dismissal of a complaint accusing Alstate Maintenance LLC of violating the National Labor …
Posted April 17, 2019
For employers turning down applicants, frank feedback hasn’t exactly been standard protocol. Historically, employers have used boilerplate rejection letters, or simply silence, to turn down applicants. Yet whether it’s due to shortages in talent, generational changes in the workforce, online …
Posted April 10, 2019
More than 10 years ago, the Illinois State Legislature passed the Biometric Information Privacy Act (BIPA), which requires private sector companies to gain authorization before collecting employees’ biometric data, such as fingerprints, iris scans, voiceprints and facial recognition. While the …
Posted April 3, 2019
The use of artificial intelligence (AI) in hiring is growing at a furious pace. While AI can increase efficiencies, some business applications present significant legal risk. For example, using algorithms rather than people to score background checks and other data …
Posted May 30, 2018 with Tags sexual harassment audits, #MeToo, Labor and Employment
The #MeToo movement shed a light on the fact that sexual harassment in the workplace is still a major problem, and employers need to reassess their policies and practices. Supporting the personal experiences of women, the Pew Research Center recently …
Posted May 21, 2018 with Tags pre-employment, ban the box, Joe Schmitt, pre-employment selection
July 15, 2018, marks the 20th birthday for “ban the box” legislation, e.g., the practice of removing the checkbox found on job applications for divulging past criminal records so that candidates’ qualifications can be considered without the stigma of past …
Posted May 17, 2018 with Tags NLRA, david james, NLRB
Lately, employers have often found themselves performing a difficult balancing act between compliance with the National Labor Relations Act (NLRA) and maintaining a non-hostile work environment. This stems from two recent cases brought before the National Labor Relations Board (NLRB), …
Posted May 14, 2018 with Tags wage and hour litigation, Jeremy Robb
The California Supreme Court is considering whether employers in the state must pay their employees for the short amount of time it takes to do tasks not counted by normal clocking technologies. For example, do employers need to pay for …
Posted May 10, 2018 with Tags Courtney Blanchard, veena iyer, Minneapolis Paid Sick Leave, Paid Sick and Safe Leave
On May 9, 2018, the Hennepin County District Court issued an order largely upholding Minneapolis’s Sick and Safe Time Ordinance, which provides for sick and safe leave. However, Minneapolis cannot enforce the ordinance against non-resident employers (i.e. employers that do …
Posted May 7, 2018 with Tags Joe Schmitt
U.S. Census Bureau data indicates that in 1960, a woman made 60 cents to every dollar made by a man. Fifty-six years later, things haven’t changed much. The median male between the ages of 25 and 54 earns $41,000 whereas the …
Posted May 3, 2018 with Tags Courtney Blanchard, Paid Sick Leave
Imagine a situation where a flight attendant wakes up in Las Vegas, flies to Washington, and catches a flight back to his or her home base in the Midwest. In Washington, there is mandatory paid sick leave law for employers …
Posted July 24, 2017
In September 2016, the State of California enacted Labor Code Section 925, which received lots of buzz at the time for its potential to crumble employers’ ability to legally enforce non-compete agreements and other employment contracts involving individuals living and …
Posted July 24, 2017
Oregon lawmakers approved the nation’s first statewide measure requiring predictive scheduling for employees. Assuming Gov. Kate Brown signs as expected, the bill takes effect July 1, 2018, and requires large employers in the retail, hospitality, and food service industries to …
Posted May 26, 2017
On May 26, 2017, the Minneapolis City Council will propose plans for an ordinance that will recommend eventually raising the minimum wage to $15 an hour without a tip credit.
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