Employment & Labor

November 11, 2019

Two federal courts have struck down the U.S. Department of Health and Human Services’ (HHS) “Conscience Protection Rule,” which was slated to go into effect on November 22, 2019. The Rule purported to enforce pre-existing “conscience laws” that protect the rights of certain employees of healthcare institutions that receive federal funds to refuse to participate in certain healthcare procedures (i.e., abortion, sterilization, and assisted suicide) based on religious or moral objections. You can read more about…

SC Employers’ Blog

Five USERRA Responsibilities Employers Should Know Regarding Soldiers in the Workplace

By Demetrius Pyburn

November 11, 2019

Veterans Day is a good time to refresh employers on the federal rights entitled to their employees who serve our country in the uniformed services. U.S. employees who take leave from their civilian jobs to serve in the armed services have certain reinstatement rights to their jobs under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These rights apply to employees on active duty or in the reserves, and employees who are not deployed…

Lancaster Law Blog

Five Practical Tips for Responding to Online Criticism

By Brandon Harter

November 11, 2019

One of the most common issues I am asked about is what a small business can do about online criticism. Here are five practical tips any business can use to help manage their online reputation. Know What is Being Said About You To effectively manage your online reputation, you need to know what is being said about your business. Keep an eye on the platforms that matter most to you. For a professional services business…

Labor & Employment Law Navigator

Termination of McDonald’s CEO Highlights Changing Workplace Attitudes

By Michael N. Chesney

November 11, 2019

young couple in office — Wooden desk with laptop, smartphone and notebook placed on it and young couple in formal wear hugging in the background

McDonald’s recent termination of its highly-regarded CEO Steve Easterbrook provides employers with another high-profile reminder of shifting attitudes regarding workplace romances, even voluntary ones. As most are now aware, McDonald’s board of directors determined that their CEO had violated company policy and shown “poor judgment” by having a romantic relationship with a subordinate employee. While interoffice dating is not a new phenomenon and office romances remain prevalent, McDonald’s quick move to terminate Easterbrook illustrates how…

OSHA Law Blog

Injury and Illness Rates Unchanged in 2018

By Trever L. Neuroth

November 11, 2019

Each year, the Bureau of Labor Statistics (“BLS”) conducts the Survey of Occupational Injuries and Illnesses (“SOII”), collecting a sample of data from select employers to represent all industries and sizes of establishments. From that sample, BLS calculates national injury and illnesses rates for certain industries. In 2003, the injury and illness rate for private sector employers sat at 5.0 recordable injuries for every 100 full-time equivalent workers. Since then, the overall injury and illness…

Hunton Employment & Labor Perspectives

2019 Massachusetts Super Lawyers

By Hunton Andrews Kurth LLP

November 11, 2019

Boston Labor & Employment partner, Christopher M. Pardo, was recently recognized as a Massachusetts Super Lawyer, along with four other litigation lawyers in our Boston office. Congratulations to Chris, Martin F. Gaynor III, Harry L. Manion III, Michael R. Perry, and Brian J. Bosworth.…

California Employment Law Update

November 2019 California Employment Law Notes

By Tony Oncidi

November 11, 2019

We invite you to review our newly-posted November 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners College Professor Was Retaliated Against For Complaining About Hostile Environment Discriminatory Failure-To-Hire Claim Must Be Brought Under The FEHA Employee Failed To Present Sufficient Evidence At Trial To Support Retaliation Claim Employer May …

California Employment Law Update

Determination Of Class Certification Motion Should Be Based On Dynamex’s “ABC Test”

By Tony Oncidi

November 11, 2019

Gonzales v. San Gabriel Transit, Inc., 2019 WL 4942213 (Cal. Ct. App. 2019) Francisco Gonzales filed this putative class action against his former employer, San Gabriel Transit (“SGT”), alleging that he and 550 other drivers were misclassified as independent contractors rather than employees. The trial court denied class certification on the ground that Gonzales had failed to demonstrate the requisite community of interest or typicality among SGT drivers. While Gonzales’ appeal was pending, the California…

California Employment Law Update

Employer’s “Service Charge” May Be A Gratuity Owed To Employees

By Tony Oncidi

November 11, 2019

O’Grady v. Merchant Exchange Prods., Inc., 2019 WL 5617001 (Cal. Ct. App. 2019) In this putative class action, banquet server and bartender Lauren O’Grady alleged that her employer’s practice of automatically imposing a 21 percent “service charge” to every food and beverage banquet bill constituted a gratuity that had to be fully paid to nonmanagerial service staff employees pursuant to Cal. Lab. Code § 351. The trial court sustained the employer’s demurrer to the complaint…

California Employment Law Update

Employer Must Have Written Meal Period Agreement, Which Includes A Revocation Clause

By Tony Oncidi

November 11, 2019

Naranjo v. Spectrum Sec. Servs., Inc., 40 Cal. App. 5th 444 (2019) Spectrum contracts with federal agencies to take temporary custody of federal prisoners and ICE detainees who must travel offsite for medical treatment and other appointments; Spectrum’s officers provide continuous supervision until the individuals are returned to their custodial locations. Spectrum had a policy that required on-duty meal periods for which officers were paid at their regular rate, but it did not have a…