Labor and Employment Law Blog

Employees’ Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number of new unemployment claims appears to be dropping, for the week ending May 2, 2020, […]

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Updated EEOC Guidance for Employers Permits Testing for COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” expands on previous guidance and addresses […]

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Ninth Circuit Confirms That FCRA Disclosure May Be Included as Part of Employment Packet

Recently, the Ninth Circuit delivered what may be considered good news for employers on the Fair Credit Reporting Act (“FCRA”) front. On April 24, 2020, the Ninth Circuit held that an employer does not violate the stand-alone disclosure requirement when it provides a stand-alone disclosure at the same time as other employment application documents. This […]

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A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic

As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? Click here for more information.

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UPDATE: Court Confirms that Employers Are to Provide Pay Data to EEOC by Sep. 30

On April 25, U.S. District Judge Tanya Chutkan issued a ruling accepting the EEOC’s proposal (which we previously reported on here) that employers who file EEO-1 reports must submit wage data broken down by race, sex, and ethnicity by Sep. 30, 2019. In addition, Judge Chutkan ordered the EEOC to collect a second year of […]

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EEOC Sets Deadline of Sep. 30 for Employers To Submit Pay Data

The Equal Employment Opportunity Commission (EEOC) has just announced that it will require employers who file EEO-1 reports (typically employers with at least 100 employees and federal contractors with 50 or more employees and at least $50,000 in contracts) to submit wage data broken down by race, sex, and ethnicity by Sep. 30, 2019. This […]

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Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form – Yes, Literally

On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a disclosure that also contains various state and federal disclosure requirements. This is a significant development, and one which employers and consumer […]

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Department of Labor Changes Course and Ends “80/20 Rule” for Tipped Employees

This month, the Department of Labor’s Wage and Hour Division (“Division”) issued an opinion letter that, once again, reversed the Division’s position as to which service industry employees may be subject to the “tip credit.” For those who do not know, the tip credit permits an employer to pay its tipped employees not less than […]

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Employers Will Be Required to Utilize a New “A Summary of Your Rights Under the Fair Credit Reporting Act” Form

Effective September 21, 2018, employers that use nationwide credit reporting agencies for background checks will be required to use a new “A Summary of Your Rights Under the Fair Credit Reporting Act” form (“the Summary”). Read more about the Summary as well as the Economic Growth, Regulatory Relief, and Consumer Protection Act in our Legal […]

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What Your Company Can Learn From the Bryan Colangelo Twitter Debacle

Last week, a bizarre story broke regarding Bryan Colangelo, the general manager of the Phildelphia 76ers (a professional basketball team in the National Basketball Association, for all of you non-sports types). According to published reports, Colangelo allegedly created and operated five anonymous Twitter accounts, and used them to criticize his own team’s players and coaches, […]

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