Author: Kate McGovern Tornone

Texas federal court fast-tracks suit challenging DOL’s overtime rule

Update: A ruling on the November 16 injunction hearing is expected on November 22. We will provide coverage on the ruling once it is issued. A federal district court has agreed to fast-track a lawsuit challenging the U.S. Department of Labor’s (DOL) new overtime regulation. The court has scheduled oral arguments for November 16, just […]

OSHA again delays enforcement of new record-keeping rule

The Occupational Safety and Health Administration (OSHA) has once again delayed enforcement of its new record-keeping rule that would, among other things, limit an employer’s ability to conduct postaccident drug and alcohol testing. As first reported by McAfee Taft attorney Paige Hoster Good, OSHA agreed to delay enforcement of the rule until December 1, 2016. […]

No more pizza party rewards for safe work

by Eric J. Conn The Occupational Safety and Health Administration’s (OSHA) new e-record-keeping rule, formally titled “Improve Tracking of Workplace Injuries and Illnesses,” has created quite a stir for employers. The rule requires employers to electronically submit their injury and illness data, which the agency will then publish online for all the world to dissect. […]

Drawing the line on tips: Where does it end?

by Dan Oswald Employee compensation is a complicated issue that can stir passion in people. Recently, the now-former CEO of Wells Fargo was taken to task by Congress for his company’s compensation practices, which many believe contributed to widespread fraud on the part of bank employees.  There are no easy answers when it comes to […]

Going down the class-action Tran-Canada Highway

by Kyla Stott-Jess and Mitchell Barnard The phrase “class action lawsuit” can strike fear in the executive ranks of any large company. The development of class action law in in the employment context has been slower north of the 49th parallel than in the United States. Recently, though, a line of cases has been paving […]

Don’t let appearance policy trigger religious discrimination claims

Achieving a diverse workforce is a highly touted goal among employers. It’s a goal that drives recruiting as well as efforts to build company culture. But the details – the various policies and rules employers may adopt without considering risks—can be easy to overlook. One area not to be forgotten: dress codes and other appearance […]

How do ‘bathroom bills’ affect employers in other states?

by Joseph Godwin Much attention has been given recently to laws passed concerning transgender individuals’ use of public restrooms. Over the past few years, state legislatures have passed or proposed “bathroom bills” that generally require individuals to use the bathroom that corresponds to the gender listed on their birth certificate and prevent transgender individuals from […]

The digital natives are restless

by Mark I. Schickman Age discrimination threatens to be the most prevalent employment claim of the next decade. Baby Boomers are being forced out of the workplace in droves, while Millennials are reaching 40, the bottom rung of the protected class. Expect lawsuits from Millennials as they are squeezed between Baby Boomers reluctant to vacate […]

Fair Chance Business Pledge offers new way to evaluate applicants with criminal records

by Kaitlin L.H. Robidoux The White House is urging businesses to take the Fair Chance Business Pledge and commit to providing individuals with criminal records “a fair chance to participate in the American economy.” The idea behind the initiative is that individuals with a criminal history have trouble finding employment, and many communities are hurt […]

Identifying accommodations for employee who can’t use the stairs

by Michael J. Spooner Q What is considered a reasonable accommodation for an employee who can’t take the stairs during emergencies or because of maintenance issues with the elevator?  A While the Americans with Disabilities Act (ADA) doesn’t provide guidance regarding reasonable accommodations for an employee who is unable to use the stairs during an […]