Jessica Mach reports on the hot spots in employment law—emerging issues, novel cases, and the policy, politics, and personalities reshaping the workplace.
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By Jessica Mach | August 4, 2022
Employers unwilling to find creative accommodations for workers with long Covid and workers with other long-term disabilities risk "losing enormous resources and a brain drain of employees who have a lot to contribute," said Wendy Musell, who represents workers as a sole practitioner and is also of counsel at Oakland, California-based firm Levy Vinick Burrell Hyams.
By Jessica Mach | July 28, 2022
The example of California, where noncompetes are still widely used by employers despite the state's longstanding ban on the agreements, raises questions about whether the FTC will "have the ability or the capacity to put enough enforcement in all the different states" or whether "they [are] just going to try to kick off the worst offenders," said Majed Dakak, a partner at Kesselman Brantly Stockinger.
By Jessica Mach | July 21, 2022
Georgia and Alabama are among states passing laws that count Uber and Lyft drivers as independent contractors. But a soon-to-be-released Department of Labor rule could supersede those measures.
By Jessica Mach | July 7, 2022
Reed Smith partner Emily Harbison said employers' publicly criticizing or celebrating the ruling "could lead some people to say, 'I'm being harassed or in a hostile work environment based on my religious beliefs.'"
By Jessica Mach | June 30, 2022
This is a far cry from the penalty the NLRB can currently impose on employers who stall contract negotiations: simply ordering the employer to start bargaining.
By Jessica Mach | June 24, 2022
The former employees allege the retailer was trying to force them to cover losses incurred through the normal course of business, such as processing a price match incorrectly, out of their own pockets.
By Jessica Mach | June 15, 2022
"If defense attorneys are not aware of those nuances, it can be a disservice to their clients. And if plaintiffs' attorneys have a misunderstanding, it can result in overreaching," said Lindsay Ryan, a principal at Polsinelli.
By Jessica Mach | June 9, 2022
"This is about regulatory concerns. It's not about the right of employees," said Glenn Rothner, who represents unions as a founder of Rothner, Segall & Greenstone.
By Jessica Mach | June 2, 2022
"It's tempting to share those tips with management, back-of-the-house employees, etc. And if you don't do it in a way that complies with the law, it's fraught with risk," said David Jordan, a Littler Mendelson shareholder.
By Jessica Mach | May 26, 2022
A bulked-up U.S. Department of Labor likely will target pandemic-related abuses, such as remote employees doing off-the-clock work, and health care workers who were underpaid, attorneys say.
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