Recent changes in state and federal laws have affected an individual's ability to carry firearms in public and the workplace. These changes should prompt all employers to review their policies on guns in the workplace, with the overall goal of balancing individuals' gun rights with maintaining a safe workplace.  Federal Gun Laws Employers have a legal duty to maintain a safe work environment for their workers Read More

ADP Inc., a payroll processing business, has filed a motion asking a Florida federal court judge to dismiss a lawsuit filed by ex-ADP manager David Schwartz. Alternatively, ADP is asking the court to enter a default judgment in its favor, based on allegations that Schwartz deleted crucial evidence on a company iPad. ADP is requesting a jury instruction in any trial that may occur that any deleted evidence was Read More

Companies that are planning mass layoffs or reductions in force (RIF) must comply with the often-complex requirements of the Worker Adjustment and Retraining Notification (WARN) Act. Many states and even municipalities have enacted their own "mini-WARN Acts" that may impose different or additional requirements on employers who intend to conduct layoffs. The Federal WARN Act  The WARN Act requires covered Read More

Employers can make themselves vulnerable to liability when they lay off employees under such legislation as the Worker Adjustment and Retraining Notification Act (WARN Act), state versions of the WARN Act, and the Older Workers Benefit Protection Act (OWBPA). Fortunately, employers can take various steps to minimize this type of liability when they conduct layoffs.  Layoff Procedures to Follow First, employers Read More

Toyota Motor North American (Toyota) has asked a federal judge to dismiss a proposed class action lawsuit over whether the company underestimated employees' hours to cut down on their entitlement to leave under the Family and Medical Leave Act (FMLA). Toyota also asked that the judge compel arbitration of the claim, alleging that the plaintiff had signed an arbitration agreement waiving his right to participate in a Read More

Companies have increasingly turned to formal racial equity audits to identify and address systemic bias and discrimination. Typically, a third-party or external law firm conducts a racial equity audit for a company by evaluating its policies, procedures, and practices. For instance, the auditor may look at the company's recruiting, interviewing, hiring, promotion, and retention processes. The auditor also may examine Read More

A California federal judge refused to dismiss a proposed class action claiming that CVS Pharmacy’s prescription drug program discriminates against HIV and AIDS patients. CVS had argued that its five subsidiaries against which the plaintiffs had filed suit under the Affordable Care Act (ACA) could not be held responsible for the alleged discrimination. The judge disagreed, finding that separate corporate entities Read More

As the U.S. Supreme Court begins its 2022-2023 term, among the first cases it will take up are a pair of cases that challenge the future of affirmative action in higher education. The cases are Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. Students for Fair Admissions (SFFA) is asking the high Court to overrule its 2003 Read More

The National Academies of Sciences, Engineering, and Medicine (National Academies) recently published a study in which it concluded that collecting pay data can help the U.S. Equal Employment Opportunity Commission (EEOC) prevent and combat race and sex discrimination in American workplaces. Since 1966, EEOC has required employers with 100 or more employees and federal contractors with 50 or more employees to Read More

A bipartisan group of legislators recently introduced H.R.8442 – Worker Flexibility and Choice Act, a bill allowing businesses to maintain gig workers as independent contractors. The bill also would provide some legal protections for those workers, despite their independent contractor status. As an independent contractor, the worker would receive a 1099 form from the business at the end of the tax year rather than a Read More