In the third episode of Employment Law Legends, Paul Rinnan discusses Griggs v. Duke Power Company, the origins of the disparate impact theory, and the legal battle to define discrimination in the civil rights era.
This podcast addresses contractors’ duties to investigate a worksite before construction begins. Randy Ruff and Jonathan Mraunac discuss the importance of reviewing design documents and studying field conditions prior to bidding on a job, what can happen when contractors fail to conduct adequate walk-throughs, the type of information owners must disclose to bidding contractors, and who bears the risk if an issue is discovered later in the process.
The dramatic rise in popularity of the online gaming industry brings with it a host of potential legal issues. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Victoria Vish provide background information on online gaming and examine legal issues such as the possibility of unionization in the industry and whether some features can be considered gambling under state laws.
In this podcast, Lisa Burton and Leigh Ganchan discuss ICE’s increased enforcement activity in recent years. They address how to handle I-9 audits, compliance challenges employers face, and the penalties for noncompliance.
In this podcast, Kelly Cardin provides listeners with an overview of workplace investigations from beginning to end, including the types of complaints that can trigger an investigation, best practices for conducting interviews, and how to report your findings to management. She also discusses the potential for retaliation claims and how to minimize this risk.
In this episode of our Workplace Safety in California series, Kevin Bland and Karen Tynan discuss Cal/OSHA hearings. Topics include discovery, admissibility of evidence and hearsay, and general strategy for Cal/OSHA hearings.
In this episode of the Third Thursdays podcast, Ruthie Goodboe examines two recent circuit court labor cases—one involving protections for striking employees and the other involving protected speech versus unprotected threats during union campaigns—and the practical lessons and tips that employers can take away from these two important holdings.
In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss serious accidents and fatalities in the workplace. Topics include how Cal/OSHA defines “serious injury,” key reporting requirements, best practices for handling inspections and evidence, and top risks and exposure.
In the second episode of our “Tech-Tuned Workplace” series, Jennifer Betts, Ruthie Goodboe, and Zeb Curtin (Senior Labor & Employment Lawyer and Team Lead at Cargill) discuss artificial intelligence in the workplace. They provide examples of how AI is currently affecting the workplace, potential future uses of AI in the workplace, and the legal implications for employers including the potential for bias.
Paid sick leave ordinances in Dallas, Texas and San Antonio, Texas will take effect for most employers on August 1, 2019. Join Larry Smith and Tiffany Cox Stacy as they help employers prepare by answering some frequently asked questions about these ordinances.
For employers with both unionized and non-unionized employees, determining a strategy for working conditions—i.e., whether to provide the same terms and conditions of employment to unionized and non-unionized employees—can be a challenge. In this episode of the Third Thursdays podcast, Ruthie Goodboe discusses tips and considerations for setting working conditions and for communicating these conditions to employees.
In the second episode of Employment Law Legends, Paul Rinnan discusses Meritor Savings Bank v. Vinson and the legal movement to define sexual harassment in the workplace.
In the first episode of our “Tech-Tuned Workplace” series, Jennifer Betts and Ruthie Goodboe provide a high-level overview of advanced technologies that already exist or are coming soon to the workplace—from artificial intelligence to biometric devices to blockchain. They also discuss the benefits and potential risks of these technologies and provide some practical insights on
In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss the critical steps for employers to consider after Cal/OSHA issues a citation. Topics include strategies for responding to and defending against citations, key procedural and timing requirements, and how to appeal citations.
Union security and dues checkoff are both important subjects that come up during collective bargaining. In this episode of the Third Thursdays podcast, Ruthie Goodboe discusses the impact of union security and dues checkoff provisions, recent developments, and practical strategies for negotiating these clauses during collective bargaining.
In the first episode of this multi-part series, Kevin Bland and Karen Tynan cover key information for employers about workplace safety in California. Topics include best practices when Cal/OSHA shows up for an inspection, handling employee interview and document requests, and avoiding common mistakes.
The trend of increased legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities in the workplace has continued to grow. In this episode, Liz Washko discusses recent developments related to pay equity, how to conduct a pay audit, and more.
Both union and non-union employers need to be sure that their policies and procedures do not violate Section 7 of the National Labor Relations Act. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Sarah Kuehnel discuss what constitutes protected concerted activity, the recent narrowing of this definition, and practical takeaways for employer policies.
Laws limiting employers’ inquiries on a prospective employee’s compensation history are on the rise. More and more states and localities are passing these laws and, at the same time, courts are deciding cases on whether prior salary can justify pay differences. In this episode, Lara de Leon discusses the current state of the law and
In this episode, Bud Bobber and Kimya Johnson discuss practical ways that employers in the manufacturing industry can address diversity and inclusion (D&I) in the workplace. They will cover unique challenges faced by manufacturers, best practices for developing, implementing, and tracking D&I initiatives, and key tenets of successful programs.
The issue of whether faculty at private colleges and universities are entitled to the protections of the National Labor Relations Act is still in flux—and cases on this topic can provide useful insight for other industries as well. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Fito Agraz discuss the current state of the law as it relates to managerial status under the NLRA, and what recent cases mean for employers inside and outside of the educational context.
Our new series, Employment Law Legends, examines pivotal employment law cases—from the history behind them to their lasting impact. In the first episode of the series, Paul Rinnan discusses West Coast Hotel v. Parrish, a case that made it possible for the legislature and the courts to regulate the employer-employee relationship in ways never thought possible before.
In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance policies, benefits issues, suspected leave fraud, and other challenging situations.
While pre-employment tests can be a useful tool in the hiring process, such tests are susceptible to legal challenges and employers should exercise diligence in implementing and validating these tests. In this episode, Rae Gross and Sarah Kuehnel explore the legal parameters of pre-employment testing and provide best practices for ensuring these tests withstand legal scrutiny.
For many years, unions have used “Scabby the Rat” as a symbol of protest. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Brian Hayes take a look at the current state of the law as it relates to the use of Scabby and what constitutes legal picketing and bannering.
Employers may be finding it difficult to keep pace with the increasing number of state and local drug testing laws—and in safety-sensitive work environments, like those in manufacturing, there are many issues to consider. In this podcast, Bud Bobber and Mike Clarkson discuss best practices for manufacturers on maintaining effective and legal drug testing policies and procedures.
In 2018, Congress passed legislation and the IRS issued proposed regulations relaxing the requirements for 401(k) plan hardship distributions. In this podcast, David Rosner and Taylor Bracewell follow up on their earlier blog and discuss the previous hardship distribution requirements and how the new guidance will affect 401(k) plans and participants.
H-1B visas have long been a popular choice for employers, but this mainstay of the non-immigrant visa class presents employers with a number of challenges, including competition for limited numbers of visas, increased scrutiny, and some new procedural twists that are being developed. Miguel Manna will explain the current state-of-play for the H-1B visa and share his insights to help employers plan appropriately.
In this podcast, Frank Davis and Jeff Leslie discuss common OSHA citations issued in the construction industry, including citations related to fall protection, scaffolding, ladders, and eye and face protection. They will also discuss best practices for spotting potential issues and avoiding these citations.
The National Labor Relations Board recently issued a business-friendly decision that marks a return to the traditional independent contractor analysis and restores significance to a worker’s “entrepreneurial opportunity” for financial gain in determining whether the individual is an employee or independent contractor under the National Labor Relations Act. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Bud Bobber will share their insights on this important topic.