Conn Maciel Carey

FTC Finalizes Non-Compete Rule – Prohibiting All New Non-Compete Agreements

by Jordan Schwartz in Human Resources, Legal. Posted May 14, 2024

As many of you may have heard by now, on April 23, 2024, almost exactly one year after it set forth its Proposed Rule regarding Non-Compete Clauses, the Federal Trade Commission (FTC) issued a pre-publication version of its final Non-Compete Clause Rule (the “Final Rule”). Barring judicial interference, the Final Rule will likely go into effect in ...

FTC Targets Employers Utilizing Worker Surveillance Technologies

by Darius Rohani-Shukla in Human Resources, Legal, Safety & Security, Technology. Posted April 4, 2024

When used appropriately, worker surveillance technologies like time and attendance software, video surveillance systems, GPS tracking software, and biometric technology can benefit employers in a variety of ways, including by boosting productivity, identifying internal and external cybersecurity threats, and even preventing or responding to workplace accidents. However, employers must be careful that employee monitoring programs ...

Employers Take Note: New Employment Laws for 2024

by Conn Maciel Carey in Human Resources, Legal. Posted January 18, 2024

This year, Governor Newsom signed into law employment bills on disparate subjects such as paid sick leave, reproductive loss leave, non-competes, and more. These new laws take effect on January 1, 2024, unless otherwise noted. SB 525 (Minimum Wage Increase for Healthcare Workers) SB 525 increases the minimum wage for healthcare industry workers over the ...

Title VII and the Use of AI in Employment Decisions

by Ashley Mitchell in Human Resources, Legal, Technology. Posted January 9, 2024

Employers are increasingly turning to artificial intelligence (“AI”) for assistance in making employment decisions, and although AI can eliminate disparate treatment, employers should be aware of the potential for disparate impact. Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination on the basis of race, color, religion, sex (including pregnancy, sexual ...

Website Litigation Under the ADA:
Protect Your Property from Lawsuits

by Conn Maciel Carey in Food & Beverage, Legal, Lodging, Risk Management, Technology. Posted May 26, 2022

Despite the pandemic, lawsuits filed across the country against hotels and resorts alleging their websites violate the Americans with Disabilities Act (“ADA”) have not slowed down. These lawsuits continue to allege two different types of ADA violations, each of which are addressed below: The first type of website accessibility case deals with whether a hotel ...

Businessman Overcoming Difficulties Due To COVID-19

COVID-19 Exposure Control & Response Plan: What Is It and Why Does Every Employer Need One?

by Conn Maciel Carey in Coronavirus (COVID-19), Legal, Risk Management, Safety & Security. Posted June 9, 2020

As states across the country begin to loosen or lift stay-at-home and shutdown orders, many workplaces that had been idled, have just begun to or will soon resume operations. Many states and localities are setting as a precondition for reopening, a requirement that they develop and implement a written, site-specific COVID-19 Exposure Control and Response ...

Key Employment Considerations When Resuming or Increasing Business Operations

by Daniel Deacon in Coronavirus (COVID-19), Human Resources, Legal. Posted May 19, 2020

Many states are beginning to re-open their economies, and employers are resuming or increasing business operations in some fashion. As employers make this transition, there are several key employment considerations that employers should pay close attention to. Below is an overview of some of the topics employers should carefully analyze when reopening or increasing business ...

March Update on How Employers Can Respond to COVID-19 with FAQs

by Kara Maciel in Coronavirus (COVID-19), Legal, Risk Management, Safety & Security. Posted March 10, 2020

Since publishing our previous post last month, there have been a number of significant developments related to the 2019 Novel Coronavirus – now officially called “COVID-19.” Notably, during the week of February 23, 2020, the U.S. Centers for Disease Control and Prevention (“CDC”) reported community spread of the virus that causes COVID-19 in California, Oregon, and Washington. ...

How Employers Can Respond to the 2019 Novel Coronavirus Outbreak

by Conn Maciel Carey in Coronavirus (COVID-19), Human Resources, Legal, Risk Management. Posted February 13, 2020

The 2019 Novel Coronavirus (“2019-nCoV” or “coronavirus”) is a respiratory illness that, with its spread to the United States, is raising important issues for employers. This guide explains the outbreak, the legal implications of it, and how employers should be responding now to employees who might have the virus, are caring for affected family members, ...

Court Stresses the Need for a Business to Provide an Accessibility Statement on its Website

by Jordan Schwartz in Food & Beverage, Legal, Lodging, Technology. Posted January 23, 2020

In 2018 and 2019, there were approximately 5,000 federal lawsuits filed against hotels, restaurants, stores, and other places of public accommodation alleging that their websites violated Title III of the Americans with Disabilities Act (“ADA”). In all likelihood this number of lawsuits will increase in 2020 now that the U.S. Supreme Court has declined to ...