December 2018 Newsletter

As 2018 draws to a close, employers are looking to the next wave of labor and employment laws and regulations that will take effect in 2019 and beyond. On January 1, and throughout the coming year, employers across the nation must address a host of new or amended federal, state, and/or local obligations. This article summarizes the laws and regulations taking effect in 2019 that will impact most employers, and highlights some anticipated...
As the holidays rapidly approach, employers are typically preparing for office festivities. This year, however, employers are noticeably less interested in holiday work parties. According to a recent study, roughly two-thirds of companies intend to host a holiday party—the lowest number since the recession. Approximately 27 percent of survey respondents (human resources representatives) indicated that they do not usually have a party,...
What are you thankful for this year? Here is my list.   No. 1. Absence of drama. Admittedly, the political scene has had more than its share of drama, but from a labor and employment law standpoint, this year has been blissfully uneventful. The Equal Employment Opportunity Commission issued a Strategic Enforcement Plan that was extraordinary for its very ordinariness. Employers got an extended deadline for filing their...
The United States is certainly as divided as ever along partisan lines leading up to the November 6, 2018 midterm elections. Many employers across the country are uneasy about managing heated political discussions in their workplaces without running afoul of employment laws. Below are answers to some of employers’ frequently asked questions about political expression in the workplace. What are common employer concerns regarding employees’...
According to a report in yesterday's Bloomberg BNA Daily Labor Report, the Supreme Court will consider, and hopefully decide, on November 30 whether to review lower court decisions addressing whether sexual orientation and gender identity discrimination violate Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination based on "sex." Until relatively recently, most federal courts said that "sex" discrimination was not...
"At your request, I am submitting my resignation." So wrote now-former Attorney General Jeff Sessions in his resignation letter to President Trump. Yet, no one reasonably believes that Sessions resigned. "At your request, I am submitting my resignation" is a termination, period. Clients ask me all the time, about an at-risk termination. "Jon, what if we just have him resign? He can't sue us for discrimination, then, right?" Wrong. Of course they...