The state of Oregon is the first in the Union to have a statewide "scheduling law." The new law will take effect (for the most part) on July 1, 2018, and will apply to retail, hospitality, and food services employers with operations in Oregon, as long as they have at least 500 employees worldwide. Bob Ortbals, who has been following and covering municipal scheduling laws, has an excellent ...

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31.

The legislation does not change existing definitions of “employee” and “independent contractor” under state law but creates an Employee Classification Section of the North ...

On the recent uproar involving a major, major employer and its recently-terminated employee:

No. 1. Is it a good idea to provide an "open forum" to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only "within reason," then it's a good idea to establish and communicate your limits in advance. That way, if ...

President Trump endorses the RAISE Act, which would clamp down on legal immigration. The RAISE Act legislation, among other things, would give immigration priority according to a skills-based "points" system and to individuals who speak English. If enacted in its current form, it would be expected to reduce legal immigration to the United States by about 50 percent. Will Krasnow

Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal contractors, is whether the Administration will bring about a more conservative approach to enforcement in the employment arena, including equal ...

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal.

In Chapter 2 of our series on "employers who didn't really screw up but still lost" is a sexual harassment case that bothers me, involving the Idaho Department of Corrections ...

Just a quick reminder to employers to PRESERVE THEIR RECORDS when litigation is not only pending but also threatened.

If you wait until the sheriff serves you with a summons and complaint, you may have waited too long. "Threatened" includes getting a demand letter from an attorney, or receiving an administrative charge or complaint, or any reasonably objective indication that legal ...

Bloomberg BNA reported last night that Philip Miscimarra, Chairman of the National Labor Relations Board and a voice of reason, will be leaving when his term expires on December 16 of this year.

Chairman Miscimarra said that he had been asked to stay for another term but decided not to because he had three kids going to college. Reading between the lines (not very difficult in this ...

Two court decisions came out last week that ought to scare the heck out of employers.

Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases because they either didn't go far enough, or didn't pay enough attention to "optics."

https://www.youtube.com/watch?v=oPwrodxghrw

I'd like to talk about each of these ...

Would you believe we have another ConstangyTV Close-Up on Workplace Law? We do! In our August show, host Leigh Tyson talks with Heather Owen of our Jacksonville Office (esteemed proprietor of FOCUS, our women's leadership blog) about coordinating reasonable accommodation obligations under the Americans with Disabilities Act and leave under the Family and Medical Leave Act ...