Labor and Employment - HospitalityLawyer.com®

OSHA Penalties Automatically Increase, Putting Pressure on Employers to Comply with Workplace Safety Obligations

by Micah Dickie in Human Resources, Legal, Safety & Security. Posted January 16, 2024

Employers should be aware of higher penalties for workplace safety violations that the U.S. Department of Labor has just published. These are the yearly increases to the maximum civil penalties that the Occupational Safety and Health Administration (OSHA) may assess through citations against employers as a result of workplace safety and health inspections. The penalties ...

Businesses Will Struggle to Classify Workers as Independent Contractors Thanks to New DOL Rule: 5 Takeaways

by Fisher Phillips in Human Resources, Legal. Posted January 11, 2024

Businesses will soon find it harder to classify workers as independent contractors thanks to key changes made by the U.S. Department of Labor (DOL) today. The Biden administration officially rescinded a rule that made it easier to classify workers as independent contractors under federal wage and hour rules. In its place, businesses will be forced ...

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 ...

Colleagues are celebrating the end of the year

Ten Tips to Avoid Your Holiday Party Resulting in a Fa-La-La-La-Litigation

by CSG Law in Human Resources, Legal, Risk Management. Posted December 28, 2023

They say, “it’s the most wonderful time of the year,” but if you are a business owner, in-house counsel or HR professional, this can often be the most stressful time of the year, especially when it comes to hosting company parties. Such celebrations at this time of year, although well intended, can land your company ...

Social media applications X, instagram, LinkedIn, discord, reddit, Threads, Facebook on smart phone screen.

Employers, Take Note: New York Law Will Prohibit Access to Employees’ Private Social Media Accounts

by Anderson Kill in Human Resources, Legal, Technology. Posted December 19, 2023

We recall the following well-publicized Facebook posting from a number of years ago: The photograph of a young man, in a very smoke-filled room, wearing a Grateful Dead t-shirt and holding a very large marijuana cigarette. The caption read: “I like to smoke a giant spliff on week-ends.” Needless to say, any employer who viewed ...

Close-up Of A Man Trying To Harass The Businesswoman Holding Document

What Employers Need to Know About the EEOC’s Proposed Workplace Harassment Guidance

by Andrea Rodriguez in Human Resources, Legal, Safety & Security. Posted December 12, 2023

The U.S. Equal Employment Opportunity Commission (EEOC) proposed new guidance for employers regarding updates to the law and modern examples of workplace harassment. The public is allowed to comment on the proposed guidance through November 1, 2023. Prior to this release, the EEOC had not updated its guidance regarding workplace harassment since 2017. Needless to say, much ...

An Apple iPhone 6s displaying the Expedia application homepage on the screen while laying next to an American passport.

Online Travel Update: Expedia’s Asia/Pacific Expansion, Hopper’s Operational Shifts, and an ADA Case Update

by Greg Duff in Human Resources, Legal, Lodging, Travel. Posted November 28, 2023

This Update features a variety of stories, including the latest on Hopper and its apparent ongoing transition. Enjoy.

Circle from wooden figures and red figure. Discrimination or harassment concept.

EEOC Issues Proposed Enforcement Guidance on Harassment and Addresses LGBTQ and Racial Employment Issues

by John S. Lord Jr in Human Resources, Legal, Safety & Security. Posted November 16, 2023

Sexual orientation, gender identity, and race continue to be widely discussed and politicized throughout the U.S. Issues related to these protected categories also continue to arise in the workplace. The EEOC recently issued proposed enforcement guidance that will help employers address emerging issues related to these categories, including issues related to employee conflict at work. For example, ...

Employment law concept. Book and gavel on a desk.

2023 Year-End Reminders and 2024 Employment Law Changes

by Francesca Giderof in Human Resources, Legal. Posted November 14, 2023

As 2024 approaches, employers should be mindful of the following 2023 employment requirements, as well as laws which are effective January 1, 2024. If you have any questions regarding compliance on the below requirements, please reach out to your servicing Laner Muchin attorney. 1. Paid Leave for All Workers Act One of the biggest changes ...

Colleagues at a small conference room. Meeting room. Brainstorming.

OSHA Proposes Rule that May Allow Union Organizers and Plaintiffs’ Attorneys to “Walk Around” Workplaces

by Conn Maciel Carey in Human Resources, Legal. Posted November 9, 2023

Earlier in October, OSHA issued a Notice of Proposed Rulemaking for a “Worker Walkaround Representative Designation Process” Rule, which would expand the circumstances when non-employees, particularly union representatives at non-union workplaces, can accompany OSHA inspectors during enforcement inspections. The proposed rule would allow union representatives, other labor or community activist groups, and even plaintiffs’ attorneys (or their ...

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