With Halloween just around the corner, many of us are preparing costumes, enjoying the fall chill in the air, and making plans for trick-or-treating. But employers should be prepared for one “trick” announced by the federal Department of Labor a few weeks ago: on September 24, 2019, the federal Department
Emily Schifter
Emily is a partner in the Labor + Employment Practice Group, where she represents clients in a variety of labor and employment-related matters, including employment discrimination, leave, disability accommodation, and wage and hour litigation. Additionally, she counsels employers on many aspects of employment law and human resources issues, including employee handbooks, policies and restrictive covenants drafted under various states’ laws for a variety of circumstances, including as part of mergers and acquisitions.
Supreme Court Rules That Filing an EEOC Charge Is Only Procedural, Not Jurisdictional
On June 3, 2019, the Supreme Court ruled unanimously in Fort Bend County, Texas v. Davis, No. 18-525, that while employees seeking to bring claims under Title VII of the Civil Rights Act of 1964 (“Title VII”) have a mandatory obligation to file a charge with the Equal Employment…
Are You Ready for Your Summer Interns?
The days are getting longer, the temperatures are rising, and kids everywhere are counting down the days until summer vacation begins. For many employers, the change in the season brings another big shift: the arrival of summer interns.
Internship programs are great for employers and interns alike – interns gain…
Tips for drafting enforceable arbitration agreements (Part 2)
Arbitration agreements with employees are a hot topic – and continue to make headlines. As we covered in Part 1 of this blog series, there are many practical and legal considerations involved in deciding whether your business should require employees to arbitrate employment-related disputes (as opposed to resolving them…
Should You Require Employees to Sign Arbitration Agreements? (Part 1)
As we covered last year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employment contracts can legally bar employees from collective arbitration (and require instead individualized proceedings). The Supreme Court found that a provision forbidding collective arbitration violated neither the Federal Arbitration Act nor the…
Why Should You Be Thinking About Your Employees’ Workplace Privacy?
Do you monitor your employees using technology? Would you consider making them wear wristbands or other devices capturing their every move?
This spring, news spread that Amazon had been granted two patents for a new wristband that appeared to be designed to do just that for its warehouse and fulfillment…
Falling Unemployment Rates for Disabled Adults May Signal More Labor Market Growth
On September 7, 2018, the U.S. Department of Labor’s Bureau of Labor Statistics announced the most recent employment numbers for the United States. As of August, total payroll employment had increased by 201,000, and the unemployment rate remained at 3.9%. The positive trend has also impacted an often-overlooked category of…
Recent Developments in Pay Equity: Real Reactions, Not Just Headlines
Pay equity is a hot topic – and not just in employment and HR circles. Both inside and outside of the courts, the issue has gained national attention and is spurring legislators in states across the country to act. Recent developments are a timely reminder to all employers to start…
You’re Fired! The Right (and Wrong) Ways to Fire an Employee
When President Trump fired then-Secretary of State Rex Tillerson earlier this month, he did it in one of the most public ways possible: on Twitter. The kicker? He had not told Tillerson, who was traveling in Africa at the time, about the decision in person before tweeting it. (Although…
Should You Offer Your Employees “Pawternity” Leave?
Believe it or not, there’s a growing trend among some employers to offer a new benefit: “pawternity leave,” or leave for new pet owners. Offerings range from a few days of leave up to a week or more, and might come in addition to other pet-related benefits, such as pet…