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Holy Smoke! Employers Refusing to Hire Smokers

Goldberg Segalla·

A recent trend is developing of late where employers are considering “no smoker” employment policies. These policies go beyond “no smoking in the workplace;” some ban employees from smoking at any time. Such policies may lower insurance premiums. Some employers also suggest that these policies cut d

Updated: The Wells Report Could Mean Big Changes in NFL Workplace Policies; Two Coaches Fired

Goldberg Segalla·

Last Friday, attorney Ted Wells of Paul, Weiss, Rifkind, Wharton & Garrison, LLP issued a 144-page report (commonly referred to as the Wells report) to the National Football League concerning the alleged harassment of Miami Dolphins offensive tackle Jonathan Martin. On October 28, 2013, Martin abrup

The Wells Report Could Mean Big Changes in NFL Workplace Policies

Goldberg Segalla·

Last Friday, attorney Ted Wells of Paul, Weiss, Rifkind, Wharton & Garrison, LLP issued a 144-page report (commonly referred to as the Wells report) to the National Football League concerning the alleged harassment of Miami Dolphins offensive tackle Jonathan Martin. On October 28, 2013, Martin abrup

Legal Alert: Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms

FordHarrison·

Executive Summary: Much of the country has suffered through a series of punishing winter storms this year. With the number of snow days mounting, employers must determine whether closing the office means having to pay workers who stay home, being on the hook for unemployment compensation, and whethe

Winter Storms Create Challenges for Employers — Do You Have a Weather Policy in Place?

Goldberg Segalla·

Winter storms create challenges for employees and employers alike, with snow, sleet and freezing rain adding unwelcomed stress into the basic activities of daily life. In turn, how an employer responds to emergency weather can either add to or detract from these additional strains on an employee’s l

House Passes Bill Requiring Formal Rulemaking Before Implementing Pilot Sleep Apnea Policy

Littler·

The House of Representatives overwhelming approved a bill (H.R. 3578) that would require the Federal Aviation Administration (FAA) to use the formal rulemaking process to adopt any new or revised requirement providing for the screening, testing, or treatment of pilots for a sleep disorder. By the sa

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation

Littler·

This Preliminary Report is being released as part of Littler’s Workplace Policy Institute™ (WPI) February 12, 2014 Roundtable on The Future of the Workforce, How the Robotics Revolution Will Shape the Employment and Labor Law Landscape.

Good Samaritan or Workplace Liability?

Goldberg Segalla·

Your colleague begins to choke on his sandwich at lunch. The courier trips on loose carpet in your office lobby. Your co-worker goes into anaphylactic shock. What to do? Good Samaritan laws are designed to indemnify individuals who provide reasonable assistance to others in a time of emergency. The

Supreme Court Rejects Pilot’s Defamation Claim

Littler·

On January 27, 2014, in Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court overturned a former pilot’s $1.4 million defamation judgment against Air Wisconsin Airlines. The high court held that airlines are protected from defamation claims if they make a materially true statement to the T

Bill Would Prohibit Employment Discrimination Based on Unemployment

Littler·

A measure that would prohibit employers from discriminating against job applicants based on their unemployment status was introduced in both the House and Senate on January 29, 2014. Reps. Rosa DeLauro (D-CT) and Hank Johnson (D-GA), and Sen. Richard Blumenthal (D-CT) co-sponsored the Fair Employmen

President Obama's State of the Union Address - What Are the Implications for Employers?

Littler·

Amid the usual litany of aspirational goals and objectives laid out during Tuesday’s State of the Union address, President Obama termed 2014 “a year of action” and announced his willingness to bypass Congress and take steps to raise the minimum wage without legislation. Specifically, the President s

Senate Advances Temporary Unemployment Extension Bill

Littler·

The temporary emergency unemployment compensation extension bill cleared a procedural hurdle in the Senate on Tuesday when the chamber voted 60-37 to limit debate on the measure.

Some New Year's Resolutions for HR Professionals in 2014

Maynard Nexsen·

It’s the time of the season when many make well-intended resolutions for the New Year. Promises usually include ending bad habits and starting good ones. With resolutions in mind, what could human resource professionals focus on in 2014? In light of the current legislative and regulatory forecast, h

New Compliance Obligations for 2014: Fewer New Laws, But Important Changes for Employers

Littler·

As always, the new year brings a host of new laws that are the product of our state and federal legislatures. Although many important changes were made to state and federal laws, 2013 saw a reduction of more than 30% in the number of labor and employment bills enacted as compared to 2012. While the

Employment and Labor Law Final Exam Answer Key

Maynard Nexsen·

Thank you to everyone who responded to this year’s Employment and Labor Law Final Exam. We hope the exercise was challenging and informative. Congratulations to our winners, Melissa Nance (Sumter, SC) and Carol Williams (Charlotte, NC). Melissa and Carol will receive a basket full of goodies from th

It’s All Relative – The Risks of Office Nepotism

Goldberg Segalla·

Federal authorities recently commenced an investigation targeting a global financial services firm’s alleged practice of hiring the children of powerful Chinese officials, often through a program that used lower hiring standards for those with elite pedigrees, to help the firm win lucrative business

2013 Employment and Labor Law Final Exam

Maynard Nexsen·

As the end of 2013 quickly approaches, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s third annual final exam. We will send out answers to the exam on December 17th. Be sure to email your responses to swinslow@nexsenpruet.com by December 16th. If you score

Mandatory Pilot Obesity/Sleep Apnea Screening: New FAA Policy Thumbs Its Nose at New Federal Commercial Driver Transportation Law

Littler·

On November 20, 2013, Fred Tilton, the Federal Aviation Administration's (FAA) Federal Air Surgeon, announced a New Obstructive Sleep Apnea Policy1 (Policy) the FAA will be "releasing shortly."2 Under the Policy, aviation medical examiners (AMEs) must calculate the Body Mass Index (BMI) – a method f

Workplace Bullying: More than a Dolphins’ Problem

Goldberg Segalla·

Thanks to the developing news regarding the Miami Dolphins, workplace bullying has generated national attention. There has been considerable press of late concerning school bullying and its impact on children but it is now clearer than ever that in some environments, bullying can exist in the workpl

Financial Regulators Propose Workplace Diversity Standards

Littler·

This week, six federal financial regulatory agencies revealed their proposed standards for assessing the diversity policies and practices of the institutions they regulate. The goal is to promote transparency and awareness of diversity practices, in accordance with the Dodd-Frank Wall Street Reform