Wednesday, August 15, 2018

Five employment case law trends in the US and what they mean

Some federal case law to keep tabs which will have impact on employment law. Here are the key areas pulled from this article: https://www.hrdive.com/news/5-case-law-trends-and-what-they-mean-for-your-workplace/529146/ Adverse employment actions; Pretext; Race and national origin discrimination; Religious discrimination; Gender discrimination

Wednesday, August 1, 2018

Employment law in the age of the #metoo Movement

This is a podcast that is worth checking out on the recent #metoo movement and the implications of sexual abuse in the workplace. http://www.wxxinews.org/post/connections-discussing-employment-law-age-metoo

Monday, July 23, 2018

Five Key Employment Law Issues Facing the Health Care Industry in the US

A comprehensive article looking at upcoming issues in US employment law pertaining to the healthcare industry.
Employers in the health care industry are dealing with a growing number of employment law challenges. In this edition of Take 5, we identify the key issues confronting health care employers and discuss how to manage these challenges.
First, as health care employers continue to face a rise in the number of workplace violence incidents, we examine measures to address and curb these incidents. In addition, in light of the fact that health care employers are increasingly vulnerable to allegations of False Claims Act violations, we identify the steps that employers should consider when responding to resignation letters alleging health care fraud. We pinpoint the employment law risks that buyers should recognize and assess during the due diligence process as well as the restrictive covenant issues to consider in health care transactions. Finally, we focus on the data privacy and security requirements under Europe’s new privacy law and the steps for complying with these requirements.

More here: https://www.jdsupra.com/legalnews/five-key-employment-law-issues-facing-80755/

Friday, June 22, 2018

Canada legalizes marijuana - US next

Canada has legalized marijuana, becoming the 2nd country to do so. With the realization about the war on drugs as a farce,Figure out ways to not only squash the illicit sale of drugs, but also increase the tax base. America's not far behind although the road to legalization is complex with the relationship between the state and federal governments. What we do know, however, is that employers will know need to think about ways to address the use of marijuana in the workplace. Policies need to be in place in order to address this impending shift in culture. For one, employers should approach the issue as they would abuse of opioids, prescription medication, or alcohol. Also, employers will have to create policy based on their particular region.

Wednesday, May 16, 2018

Car Dealership Service Advisors Exempt From Federal Overtime Requirements

The United States Supreme Court ruled for the second time in as many years that service advisors are exempt from the FLSA’s overtime-compensation requirements.
The Fair Labor Standards Act (FLSA), 52Stat. 1060, as amended, 29 U. S. C. §201 et seq., requires employers to pay overtime compensation to covered employees. The FLSA exempts from the overtime-pay requirement “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles” at a covered dealership. §213(b)(10)(A). We granted certiorari to decide whether this exemption applies to service advisors—employees at car dealerships who consult with customers about their servicing needs and sell them servicing solutions. We conclude that service advisors are exempt.
More here.

Thursday, January 4, 2018

New Employment Related Laws Updating in 2018 for California

Some new changes to employment laws will force business to make changes in California in 2018. The changes include shifts to criminal history, salary history, parental leave, and immigration. More here: http://www.santacruzsentinel.com/government-and-politics/20180101/new-laws-affect-california-businesses-in-2018