On Oct. 11, 2022, the U.S. Department of Labor announced a proposed rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act that redefines how to classify workers. The proposed rule updates the test for determining whether a...
Content By Robert S. Gilmore
How Should Employers Respond to the New Age of Unionism?
Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has more than 300 of its locations in the throes of union campaigns. Employers targeted by recent union organization efforts may be new to the...
Biometrics and AI in the Workplace: Boon or Bane?
Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security and workplace monitoring, all of which can necessitate new approaches brought on by the...
Employer Considerations in the Aftermath of the Dobbs Decision
On June 24, 2022, the United States Supreme Court overturned the constitutional right to abortion established in Roe v. Wade. In Dobbs v. Jackson Women’s Health, a 6-3 decision, the Supreme Court upheld a Mississippi law banning abortion after fifteen weeks, well...
How Will Ohio’s New Permitless Concealed Carry Law Impact the Workplace?
Employers in Ohio may have finally become comfortable with Ohio’s concealed carry firearms law and revised their handbooks to incorporate new policies on how they would address their employee’s rights to carry concealed firearms. However, with Governor DeWine’s...
How Should Employers Respond to the Monkeypox Public Health Emergency?
Since May 2022, the United States has experienced the single largest Monkeypox outbreak in the nation’s history. In fact, on Aug. 4, 2022, the Biden Administration declared Monkeypox a national public health emergency. While not expected to reach pandemic levels,...
EEOC Updates COVID-19 & ADA Guidance on Workplace Testing, Vaccination
On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) released its most recent guidance to employers regarding COVID-19 procedures. At a time when COVID-19 cases continue to rise due to highly transmissible Omicron variants, the EEOC acknowledged that...
Can Employers Prevent & Combat Employee Unionization?
The United States is currently experiencing a major resurgence of labor unions. As more fully discussed in The Resurgence of Unions: Why Now?, this upward trend in unionization can primarily be attributed to the COVID-19 pandemic, a political atmosphere that...
Second Circuit Makes It Easier for Employees to Question E-Signatures
Last month, the United States Court of Appeals for the Second Circuit found that an employee’s sworn statement that she never electronically signed (or even saw) an arbitration agreement during the onboarding process were, alone, enough to avoid arbitration. This...
The Resurgence of Unions: Why Now?
Following years of declining unionization rates, the United States is experiencing a significant resurgence of labor unions throughout the country. Between October 2021 and March 2022, union representation petitions filed at the National Labor Relations Board (NLRB)...