Employment and Labor

Safety, Workers’ Comp, and Discrimination: Three Reasons Employers in Healthcare, Construction, and Manufacturing Should Examine Gender-Specific PPE

AUTHOR  Christina Niro  According to recent reports from the Bureau of Labor Statistics, women make up roughly 10% of jobs in the construction industry, 30% in manufacturing, and as of 2021, and 75% of healthcare and social assistance jobs.[1]  Although those numbers may have dropped during the COVID-19 pandemic, women are beginning to return to …

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City of Los Angeles Publishes Regulations and Model Notices for Hotel Worker Protection Ordinance

In June, the City of Los Angeles passed an ordinance designed to increase safety protections for hotel workers in hotels, limit daily workload, and raise hotel worker wages. The new ordinance took effect on August 12, 2022. Under the ordinance, a hotel employer must place on the back of the entrance door to each guest room and restroom …

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The Great Resignation No More: Stark Inflation & Tight Labor Market May Empower Return-to-Work Mandates by U.S. Employers

AUTHOR  Angela Reddock-Wright As inflation continues, the power of choice held by employees during the recent Great Resignation may soon shift to the employer’s side. Throughout the COVID-19 pandemic, the U.S. job market has regained strength, encouraging employees to either ask for promotions and perks or find a better offer. To protect their retention, employers have been …

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Checklist: Five Items California Employers Should Consider for Employees Working From Home

AUTHOR Anthony Zaller  As employers and employees adapt to the new realities of working from home on a permanent or modified basis, employers need to be aware of the employment law issues that arise with such arrangements.  This Friday’s Five covers five items employers should review for employees working from home: 1. Confidentiality and security. …

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Ninth Circuit Analyzes AB 5 In Class Action Ruling

AUTHORS  Peter Lawrence Loh and Kevin Jackson Foley & Lardner The Ninth Circuit recently reviewed a district court’s handling of a class action involving claims of employment misclassification. Bowerman v. Field Asset Services, Inc. is instructive for at least two reasons: It provides guidance on how corporate defendants in employment misclassification class actions can defend themselves and further …

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Extraordinary Workplace Misconduct: The Case of the Somnambulant Sales Rep

AUTHOR  Elizabeth Torphy-Donzella Should an employee who, while at a convention, knocks on a coworker’s hotel room door, enters, then heads to the coworker’s bed wearing nothing but a robe be fired, even if the employee claims to have been sleepwalking at the time? Or, as George Costanza of Seinfeld fame asked, “was that wrong?” Joking …

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Have A Seat: California Court Of Appeal Provides Guidance On Requirement That Employer’s “Provide” Suitable Seating In The Workplace

AUTHORS  Hussain Turk , Ashleigh Reif Kasper and Alaleh Khosrowpour Lewis Brisbois Bisgaard & Smith LLP On July 19, 2022, the California Court of Appeal issued a published opinion in Meda v. AutoZone, Inc., holding there was a triable issue as to whether the employer “provided” suitable seating to its customer service employee at the front of the store by …

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Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

AUTHOR Peter Rathmell  On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that misconduct involves “oinking” at co-workers. The plaintiff in Crosbie v. Highmark Inc. worked as a fraud investigator for the …

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Standards of Proof for Discrimination and Why It Matters

AUTHOR  Daniel Schwartz  Earlier this week, my colleague Bradley Harper and I did a post our sister blog site, Employment Law Letter, on a recent Connecticut Appellate Court case discussing the level of proof needed by an employee to win a discrimination case. If you haven’t read it yet, you can click here.  The key line in the post is …

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The Unilateral Suspension Of Benefits In Workers’ Compensation – A Refresher On The All-Important Role Of The “Return To Baseline” Opinion From The Authorized Treating Physician

AUTHOR  Dan Cauley Drew Eckl & Farnham, LLP Following an employer’s commencement of weekly benefits to a claimant in connection with a “compensable” work injury, the Workers’ Compensation Act describes some of the limited scenarios which permit the employer to subsequently and unilaterally suspend such benefits without a hearing before an Administrative Law Judge. Collectively, O.C.G.A. § 34-9-221, O.C.G.A. …

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