Resource Listings

This resource outlines 10 key considerations for wage-and-hour audits, including substantive issues and practical takeaways, but is not intended to be a comprehensive checklist.

It is not uncommon for employers to encounter employee medical conditions that cause performance deficiencies. In this sample checklist, learn more about how to consider medical conditions under the Americans with Disabilities Act (ADA) when looking at employee performance.

How should employers classify employees after the enactment of California’s AB-5? In this checklist, learn more about the historical context of employee classification and how AB-5 can impact your company.

In-house counsel needs to be aware of the following when conducting a pay equity analysis: (1) establishing and protecting the analysis under attorney-client privilege; (2) what information should be shared and with whom; (3) how best to minimize risk if remediation is necessary; and (4) what federal, state, local, and international laws apply.

Employers are faced with adopting a more agile operational structure and managerial approach ready to respond to change, both medical and governmental, at a moment’s notice. While getting back to business will look different for each of us, learn more from this checklist in order to prepare, as best you can, for your business and its own situation.

Courtroom and trial technology are evolving at an incredible pace, providing trial attorneys with more tools and gadgets than ever before. This checklist provides information for attorneys and what they should keep the following in mind when picking a jury.

While marijuana is still illegal under federal law, states are increasingly legalizing the use of medical and recreational marijuana, creating a direct conflict with federal law. Most states have legalized the use of marijuana in some manner, presenting a host of practical problems and legal challenges for employers. How can employers best address the use of marijuana by applicants and employees?

Recently, there has been a rise of activity and formation of workers centers. In this checklist, learn steps and precautions to take when certain National Labor Relations Act (NLRA) activity happens.

How can the workplace violence assessment approach help employers meet their obligations to keep the workplace and workforce safe from harm? In this checklist, learn more about the historical context, critical factors and next steps to take in order to ensure a peaceful and safe work environment.

Regardless of the type of Employee Retirement Income Security Act of 1974 (ERISA) plan involved, fiduciary responsibility is unwavering, developing and increasingly in the spotlight. What can fiduciaries do to avoid legal exposure? This checklist provides context, definition of regulations, critical factors, and next steps to help in-house counsel plan for any legal exposure.

The pandemic has made clear that job security, benefit coverage, and continuity are vital to employees. Learn more about what employees should be aware of regarding their benefits and how employers can better serve them.

How can employers further their Diversity, Equity and Inclusion (DEI) initiatives without inviting increased government scrutiny and potential litigation? This checklist for in-house counsel provides historical context, critical factors and next steps to take.

Now that Covid-19 vaccines are in abundance, infection rates are dropping, and state and local governments are relaxing or removing the restrictions on the ability of employees to gather in groups, what should employers consider as they encourage their employees to become vaccinated and address employees who choose to not become vaccinated?

The COVID-19 pandemic sparked an exponential increase in remote work, as employers were forced to shut down offices with little notice and little opportunity to plan for the significant data security vulnerabilities of working from home. Post-pandemic, the virtual workplace likely will remain a permanent fixture of daily work life for many organizations. The challenge for employers that embrace a virtual work model will be to ensure the continued security of their data as new risks emerge.

As the pandemic has compelled more employers to undertaking the hiring process remotely, what are the privacy and security risks inherent in conducting job interviews online, and what may employers do to mitigate those risks? Learn some actions to take in this checklist in order to protect employer and potential employees.

Employers monitor off-site employees for numerous reasons—not simply to ensure productivity, but to protect trade secrets, avoid data breaches, track an employee’s physical location, and generally discourage or identify misconduct. Most recently, monitoring has been used for COVID-19-related contact tracing purposes. However, privacy-related legal pitfalls abound.

As employers increasingly choose to allow employees to work remotely, even as the workplace restrictions caused by the Covid-19 pandemic wane, in many cases those workers are located outside of the employer’s regular work state. As a result, questions arise as to what laws, and state and local compliance obligations, apply.

The following checklist represents a high-level overview of potential issues to guide an organization’s thinking about reopening most effectively while mitigating business and compliance risks. Reopening orders at the state and local levels can vary significantly, and planning should take those requirements into account.

As the COVID-19 pandemic reaches the two-year mark, it continues to impact how and where employees in the United States work and continues to require employers to address significant issues regarding wage and hour law compliance. In this resource, find out more on how to deal with these ever-changing issues.

In this resource, in-house counsel can learn more about legislation, litigation, regulations and trends in the United States employment landscape for 2022.

In this resource, a summary of the most significant employment-related class action activity form 2021 is reviewed and explained.

There is a myth that trials are “dead” and that cases either settle or get decided on dispositive motions prior to trial. However, many cases do go forward to a jury trial for a variety of reasons. Therefore, from the outset, employers and counsel should prepare all cases for the possibility of trial.

California has been — and will likely continue to be — one of the most challenging regulatory environments in the country for employers. The following is a top ten list of California requirements to assist employers with compliance.

Remote work and flexible schedules have burgeoned with the spread of COVID-19 and are likely here to stay. Compliance issues such as the Form I-9 Employment Eligibility Verification affect all companies (regardless of whether they sponsor foreign nationals), and because of COVID-19 the relevant agencies have modified those processes.

The relative peace and stability employers experienced between 2017 and 2021 ended abruptly with the new Democratic majority on the National Labor Relations Board (NLRB), new NLRB General Counsel Jennifer Abruzzo’s pro-union policies, the Biden Administration’s labor initiatives and regulatory agenda and Congress’s legislative proposals favoring employees and increasing support and protection for unions.

Since January 2020, over 160 fee class actions have been filed. Fee litigation is very expensive and burdensome with potential damages in the 100s of millions of dollars. Pleading standards for these cases have been in flux and have depended on what circuit court and district court the case is filed in.

Class and collective action litigation continue to evolve. Recently, appellate courts have issued precedential decisions affecting class size, composition and standards for certification.

The pandemic triggered an increase in the number and types of requests for reasonable accommodation, particularly in connection with returning to the workplace, vaccinations, face coverings and remote work. Employers should have a process for handling potential exemption requests for any mandatory vaccination requirements and reasonable accommodation requests for disability or sincerely held religious beliefs as well as a process that complies with a dizzying array of dynamic state requirements.

While COVID-19 has affected virtually every single employee and employer, caregivers — women in particular — have been disproportionately affected by the pandemic as a result of the increased demands they face as caretakers at home.

No new laws or regulations have been adopted expanding legal liability to cover caregiver or victims of COVID-19. However, the EEOC’s guidance is a good reminder of what the law requires – and does not require – when addressing employees or applicants who may be caretakers.

Here are the top ten takeaways of what the guidance does and does not do.