View Recent Blog Posts in Labor and Employment Law

  • Title VII Prohibits Employment Discrimination Based on Sexual Orientation, Says the Seventh Circuit By Erin Kilgore and Scott Huffstetler On April 4, 2017, the Seventh Circuit Court of Appeals ruled that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964. As previously noted, there has been much debate among the courts regarding the meaning of the term “sex” under Title VII and [...] Continue Reading... ....
  • Online Hostile Environment? By A. Edward Hardin, Jr. Social media use by employees, and employers’ social media policies, continue to appear in the legal headlines.  Much of the recent news coverage has touched on action by the National Labor Relations Board (NLRB) and its assessment of employer social media policies.  However, recent legal action in Pennsylvania does not address the [...] Continue Reading... ....
  • Transgender Employee Restroom Access Rights Remain in Flux By Erin Kilgore and Scott Huffstetler As with any change in administration, this is a time of uncertainty.  One example is the rights of transgender individuals to access certain restrooms in the workplace, which, based on recent events, will likely continue to be a source of uncertainty for many employers. Federal law does not expressly [...] Continue Reading... ....
  • Kean Miller Data Security Alert: W-2 Phishing Scam Returns for Tax Season By Jessica C. Engler The IRS has sent an urgent alert to employers this month that a W-2 phishing scam that many companies fell victim to in 2016 is back in full force for 2017. The IRS warns that this scam is emerging earlier this year and is targeting school districts, tribal organizations, and nonprofits [...] Continue Reading... ....
  • Employers Respond to “A Day Without Immigrants” By Michael D. Lowe Last week, thousands of employees throughout the county skipped work as part of “a day without immigrants” demonstration. The employees were protesting the Trump administration’s recent actions regarding immigration. The stated intent was to negatively impact the nation’s economy in an effort to highlight the contributions of immigrant labor. Restaurants were [...] Continue Reading... ....
  • ADA Access: “Drive By” or “Google” Lawsuits and the Americans with Disabilities Act? By Price Barker, Brian Carnie, and Michael Lowe Disability access lawsuits have become a cottage industry and they have found their way into Louisiana, Texas and Arkansas.  Most are brought by the serial litigants working with same law firm.  These plaintiffs visit a business for the primary purpose of discovering an Americans with Disabilities Act [...] Continue Reading... ....
  • U.S. Supreme Court To Consider Class-Action Waivers By Scott Huffstetler Today, the United States Supreme Court decided to consider three decisions involving class-action waivers in employee arbitration agreements.  As background, many employers require employees to sign arbitration agreements.  In these agreements, employees give up the right to sue their employer and agree that all employment related claims will be subject to arbitration.  [...] Continue Reading... ....
  • OSHA Updates Safety Rules for Walking-Working Surfaces By R. Lee Vail, P.E., Ph.D. On November 18, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a final rule “revising and updating its general industry standards on walking-working surfaces to prevent and reduce workplace slips, trips, and falls, as well as other injuries and fatalities associated with walking-working surface hazards.” 81 Fed. Reg. [...] Continue Reading... ....
  • What Now? FLSA Overtime Regulations Continue to Evolve By Scott Huffstetler and Ed Hardin In the wake of yesterday’s news that a Texas federal judge issued a nationwide injunction halting the FLSA overtime regulations, scheduled to become effective December 1, 2016, many employers are asking “what now.”  The answer will continue to develop.  For now, though, here are some initial things to keep [...] Continue Reading... ....
  • Breaking: New FLSA Salary Rule Enjoined by Court By Erin Kilgore, Ed Hardin, and Brian Carnie A federal district judge in Texas has entered a nationwide injunction which prevents the U.S. Department of Labor’s new FLSA minimum salary level rule from going into effect on December 1, 2016.  Prior to today, the DOL’s new rule would have nearly doubled the minimum weekly salary [...] Continue Reading... ....