This week, the Equal Employment Opportunity Commission announced a $6.875 million settlement (ouch!) with Scripps Clinical Medical Group over its mandatory retirement age policy. Which reminded me that the EEOC has also sued Yale New Haven Hospital for its “Late
Shawe Rosenthal
As one of the first law firms in the country devoted exclusively to the representation of management in labor and employment matters, Shawe Rosenthal LLP represents employers throughout the United States in federal and state courts and arbitral forums, as well as before the Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Labor, and other administrative agencies. Our clients range from Fortune 100 companies to smaller businesses and non-profits in a wide range of industries. Our firm’s practice includes both litigation and preventive measures. We place great emphasis on providing effective and efficient advocacy, responsive client service, and sound practical advice.
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Latest from Shawe Rosenthal - Page 6
“Stay-or-Pay”? A Potential TRAP for Employers!
By Fiona W. Ong
A recent New York Times article highlighted the use and, frankly, abuse of Training Repayment Agreement Provisions (TRAP – oooooh, good acronym!), also known as stay-or-pay provisions. Under a TRAP, if an employee leaves their job before a certain specific…
Employers – Be Merry and Bright … And Thoughtful About Those Holiday Parties!
By Fiona W. Ong
‘Tis the season for holiday parties – and possible employer liability. But don’t be a Scrooge. The Three Wise men employers should keep some things in mind in planning holiday events for their employees.…
An Applicant’s Family Medical History? Apparently, That’s the Million Dollar Question!
By Fiona W. Ong
As most employers (hopefully) know, the Americans with Disabilities Act sets forth strict guidelines for when employers can require employees or applicants to undergo medical examinations or when they can ask questions that might reveal a disability. And the Genetic…
At-Will Employment Is a Fairy Tale…
By Fiona W. Ong
Once upon a time, employees in all states but Montana (always bucking the establishment!) were presumed to be employed at-will, absent some sort of employment agreement (e.g. individual contract for a term, a collective bargaining agreement, policies that contemplate termination…
NLRB GC Issues Guidance Regarding Board Decision Impacting Employer Responses to Demands for Voluntary Recognition
On November 2, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo provided guidance to inquiries received by the NLRB in the wake of the Board’s decision in Cemex Construction Materials Pacific, LLC (which we wrote about here).…
What Impact Will President Biden’s AI Executive Order Have in the Workplace?
By Fiona W. Ong
Well I think we all recognize that Artificial Intelligence (AI) has created some seismic shifts in the way things can be done, including in the workplace (and I covered many of the risks and concerns of generative AI for employers…
NLRB Returns to a More Expansive Joint Employer Standard
Today, October 26, 2023, the National Labor Relations Board issued a final rule that rescinds and replaces the Trump Administration’s 2020 rule establishing the current test for determining whether two entities are joint employers. This new rule will result in…
Contract by Emoji?
By Fiona W. Ong
Apparently, emojis have become such an accepted means of communication that a Canadian court found to create an enforceable contract for $82,000 (plus interest and costs)!!…
Reasonable Accommodations for a Lunar Sabbath?
By Fiona W. Ong
What on earth (or not) is a Lunar Sabbath, anyway? I’m sure that’s what was going through the employer’s mind when the employee requested a schedule adjustment so that she could observe her Sabbath, in a recent federal case that…