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Labor of Law: As Workers Suffer With Long Covid, Employers May Rethink Accommodations for Other Disabilities

Employers unwilling to find creative accommodations for workers with long Covid and workers with other long-term disabilities risk "losing enormous resources and a brain drain of employees who have a lot to contribute," said Wendy Musell, who represents workers as a sole practitioner and is also of counsel at Oakland, California-based firm Levy Vinick Burrell Hyams.
7 minute read

Law.com

Labor of Law: Federal Noncompete Ban Would Be Far From Last Word on Issue

The example of California, where noncompetes are still widely used by employers despite the state's longstanding ban on the agreements, raises questions about whether the FTC will "have the ability or the capacity to put enough enforcement in all the different states" or whether "they [are] just going to try to kick off the worst offenders," said Majed Dakak, a partner at Kesselman Brantly Stockinger.
7 minute read

Law.com

Labor of Law: New Federal Rule Could Upend State Efforts to Count Ride-Share Drivers as Contractors

Georgia and Alabama are among states passing laws that count Uber and Lyft drivers as independent contractors. But a soon-to-be-released Department of Labor rule could supersede those measures.
7 minute read

Law.com

Labor of Law: Employer Statements on Abortion Could Spur Discrimination, Hostile Work Environment Claims

Reed Smith partner Emily Harbison said employers' publicly criticizing or celebrating the ruling "could lead some people to say, 'I'm being harassed or in a hostile work environment based on my religious beliefs.'"
6 minute read

Law.com

Labor of Law: NLRB General Counsel Wants Employers Who Delay Union Negotiations to Pay Up

This is a far cry from the penalty the NLRB can currently impose on employers who stall contract negotiations: simply ordering the employer to start bargaining.
6 minute read

Law.com

Labor of Law: Ex-Employees' Lawsuits Against Target Throw Spotlight on Loss-Prevention Tactics

The former employees allege the retailer was trying to force them to cover losses incurred through the normal course of business, such as processing a price match incorrectly, out of their own pockets.
7 minute read

Law.com

Labor of Law: Misunderstandings Swirl Around California Confidentiality Clauses

"If defense attorneys are not aware of those nuances, it can be a disservice to their clients. And if plaintiffs' attorneys have a misunderstanding, it can result in overreaching," said Lindsay Ryan, a principal at Polsinelli.
6 minute read

Law.com

Labor of Law: Think Microsoft Is Open to Workers Organizing? Think Again, Labor Experts Say

"This is about regulatory concerns. It's not about the right of employees," said Glenn Rothner, who represents unions as a founder of Rothner, Segall & Greenstone.
7 minute read

Law.com

Labor of Law: Pandemic Sparks Increase in Restaurant-Tip Litigation

"It's tempting to share those tips with management, back-of-the-house employees, etc. And if you don't do it in a way that complies with the law, it's fraught with risk," said David Jordan, a Littler Mendelson shareholder.
6 minute read

Law.com

Labor of Law: Here's What New Workplace Investigators Are Likely to Probe

A bulked-up U.S. Department of Labor likely will target pandemic-related abuses, such as remote employees doing off-the-clock work, and health care workers who were underpaid, attorneys say.
6 minute read

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