Class-Action Lawsuits Against Employers Grow

?New research shows how much class-action lawsuits against employers have increased and the need for employers to take action to prevent legal missteps. The top 10 settlements in employment discrimination class actions... Read more »

Long COVID-19 Poses Compliance Risks for Employers

?As the COVID-19 pandemic persists, the probability of employees developing long COVID-19 increases. Employers may face some compliance risks when that happens, particularly regarding the Family and Medical Leave Act (FMLA) and... Read more »

New Jersey’s Expanded Mini-WARN Law to Take Effect Soon

?After a two-year delay, the amendment to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act, the state’s mini-WARN law, will take effect on April 10. The amendment expands the coverage... Read more »

Kentucky Proposal Embraces Broader Standard for Determining Who Is an Employer

?More businesses in Kentucky may be considered joint employers if a proposed change that appears to broaden the test for an employment relationship is finalized. In recent years, courts and administrative agencies... Read more »

Court Dismisses Claims Against Whole Foods Over Black Lives Matter Masks

?A federal judge has rejected retaliation charges against Whole Foods Market over its policy prohibiting employees from wearing Black Lives Matter face masks. On Jan. 23, the U.S. District Court for the... Read more »

The Three Biggest PAGA Questions California Employers Have for 2023

?California’s Private Attorneys General Act (PAGA) gives employees the right to prosecute lawsuits against their employers for alleged violations of the California Labor Code. Employees can maintain claims not only their own... Read more »

DHS Policy Protects Undocumented Workers During Labor Conflicts

?Undocumented workers can seek protection from deportation or other immigration enforcement if they are involved in labor disputes under a new policy issued by the U.S. Department of Homeland Security (DHS). The... Read more »

Union Membership Rate Dropped in 2022

?Despite gains in union ranks at Starbucks, Amazon and existing union employers, the union membership rate hit an all-time low, just 10.1 percent, in 2022, according to the Bureau of Labor Statistics... Read more »

3rd Circuit Eliminates Employer’s Defense for Harassment by Certain Executives

?Takeaway: Employers that permit high-ranking officials to serve as the face of the company can no longer claim an affirmative defense in sexual-harassment claims in the 3rd Circuit, which covers Delaware, New... Read more »

Decision Underscores Importance of Contemporaneous Documentation

?Takeaway: The court’s summary of its rationale points out two critical issues on which its decisions turned: 1) conflicting evidence and 2) favorable inferences. Understanding how to avoid these two pitfalls can... Read more »
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