Insights

For 50 years, the National Labor Relations Board (the “NLRB”) has held that an employer may lawfully withdraw recognition unilaterally from an incumbent union if the employer has a good faith doubt, based on...

On March 21, 2001, a divided United States Supreme Court ruled that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, permits employers to require employees to arbitrate work-related disputes. Circuit City...

The Occupational Safety and Health Administration (OSHA) has revised its rules pertaining to recording and reporting of occupational injuries and illnesses. The new rules, which become effective on January 1, 2002, simplify...

Most laws prohibiting discrimination in employment protect workers who are “employees” but not those who are “independent contractors.” The U.S. Court of Appeals for the Second Circuit in New York...

A California appellate court recently ruled that an employer may not terminate an employee who refuses to sign an illegal covenant not to compete, because such terminations violate public policy. D’Sa v. Playhut, Inc.,...

It is common practice for employers to condition payment of severance to outgoing employees on the employees’ consent to waive employment-related claims. In order to hold up in court, however, such waivers must meet a...

On December 27, 2000, the U.S. Equal Employment Opportunity Commission (the “EEOC”) issued new enforcement guidance clarifying the application of the Americans with Disabilities Act (the “ADA”) to...

A new California law intended to assist in locating parents for the purpose of collecting child support payments will require businesses and government entities to report specified information about independent contractors to...

On November 13, 2000, the Occupational Safety and Health Administration (OSHA) issued its final ergonomics program standard. The rule will take effect on January 16, 2001, and will apply to all employers except those covered...

A recent amendment to California’s Fair Employment and Housing Act (“FEHA”), effective on January 1, 2001, will permit co-workers to sue one another personally for unlawful harassment in the workplace. While...