Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

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OSHA announces changes to Electronic Recordkeeping Rule

OSHA announces changes to Electronic Recordkeeping Rule

By: Bill Robbins

In the waning days of President Obama’s Administration, the Occupational Safety and Health Administration (“OSHA”) announced sweeping changes to its recordkeeping rule, originally to be effective January 1, 2017, which contained a heightened emphasis on injury reporting and anti-retaliation protections.  We wrote about those changes in our Blog on August 4, 2016, which can be accessed here.

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California Further Clarifies Rest Break Requirements

California Further Clarifies Rest Break Requirements

By: Emily Knoles

Pursuant to Wage Orders promulgated by California’s Industrial Welfare Commission, most non-exempt employees in California are entitled to a paid 10 minute rest break for every 4 hours worked or major fraction thereof. In December 2016 the California Supreme Court clarified in Augustus v. ABM Security Services, Inc. (2016) 2 Cal. 5th 257, 260, that during said rest breaks, “employers must relieve their employees of all duties and relinquish any control over how employees spend their break time.” As we anticipated when this decision first came out, there has been a steady uptick in litigation about this matter as the courts work to define the nature of relinquishing control in the context of a 10 minute rest break. 

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FCRA Update: Courts Continue to Require Injury-in-fact for Article III Standing

FCRA Update: Courts Continue to Require Injury-in-fact for Article III Standing

By Brian K. Morris
    
In recent months, we have written about the limits Article III places on plaintiffs bringing Fair Credit Reporting Act (FCRA) claims. (See here, here, and here). In October, two federal district courts further illustrated these limits by dismissing FCRA actions based on lack of Article III standing.

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Fair Credit Reporting Act Continues to Fuel Class Action Litigation

Fair Credit Reporting Act Continues to Fuel Class Action Litigation

By Mary E. Kapsak

The Fair Credit Reporting Act (FCRA) continues to cause issues for employers that run afoul of its provisions when reviewing consumer background reports as part of the hiring process. Most recently, a proposed class action was filed against Starbucks Corporation. 

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When the Company Needs a Detective: Five Keys to Effective Workplace Investigations

When the Company Needs a Detective: Five Keys to Effective Workplace Investigations

By Jonathan E. Clark

When a company receives information concerning potentially hidden wrongdoing, the old axiom, “the cover-up is worse than the crime,” becomes top of mind. To be sure, this principle should be a guiding force when an employer conducts a workplace investigation of reported misconduct. Below are five things every employer must know when misconduct in the workplace is reported.

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