Labor & Employment

The Current State of Politics for Employers

In the special 7th anniversary episode of Employment Law Now, Michael Schmidt is joined by his inaugural and annual guest, Howard Schweitzer, to discuss the current state of politics in this election year and the impact on employers.

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Labor and employment is a constantly changing practice area governed by a profusion of interrelated federal, state, and local laws and regulations. Now more than ever, given the legal implications employers face in the shadow of COVID-19, counsel on the cutting edge is essential. Cozen O’Connor has a dedicated team of labor and employment lawyers who focus on keeping clients informed and protected.

Our full-service labor and employment department represents a broad range of entities: exchange-listed companies, private enterprises, nonprofits, governments, and trade associations. We handle high-stakes employment litigation, including individual and class claims of discrimination, harassment, wage and hour violations, defamation, non-compete violations, and wrongful discharge. We appear regularly before federal and state courts, agencies and departments (such as the EEOC, NLRB, DOL, IRS, OSHA, and ICE), and arbitrators. We also handle traditional labor law matters, helping employers foster positive workplace relations, negotiate collective bargaining agreements, and handle labor arbitrations and unfair labor practice proceedings.

When a specific labor or employment issue arises, clients immediately face the competing goals of vigorously refuting accusations or adverse precedents, and restoring a sense of calm and unity of purpose to the workplace. Striking this balance is particularly critical during a crisis such as the coronavirus pandemic. For example, to address the issues raised by the pandemic, we conducted weekly webinars on a wide range of COVID-19 issues and prepared a COVID-19 tool kit to assist our clients. Cozen O’Connor attorneys guide clients through these and other complex situations and enable them to take decisive action without compromising operational effectiveness. We are keenly aware that the legal response must operate in harmony with the business goals.

One of our greatest assets in this endeavor is the depth of our trial and courtroom experience. We have dozens of lead attorneys who routinely appear in court, agency and arbitration proceedings, giving us tremendous insight into how a case is likely to play out in a litigation setting. That hard-earned knowledge serves our clients well as we partner with them to decide upon a strategic approach.

SERVICES

Employment Litigation

  • Investigate employee claims or government inquiries
  • Defend clients against individual or class (collective) action lawsuits
  • Represent employers in suits alleging discrimination and harassment on the basis of age, race, religion, national origin, gender, sexual orientation, disability, and other areas protected under federal, state and local law
  • Represent employers in cases involving defamation, invasion of privacy, trade secrets and noncompetition agreements, duty-of-loyalty claims, equal-pay disputes, employment benefits disputes, pension and benefit plan fiduciary liability, wage-and-hour claims, whistle-blowers, and wrongful-discharge claims
  • Advocate for clients in trade secrets and restrictive covenant cases

Employer Advising, Training and Investigations

  • Assist in the resolution of individual workplace problems
  • Create effective employee benefits and executive compensation programs
  • Advise in-house counsel, human resources professionals, and executives in the development of sound personnel policies that limit liability and enhance productivity
  • Train staff to ensure fair and consistent enforcement of personnel policies
  • Perform workplace audits and internal investigations
  • Review and draft employment policies and manuals, as well as employment and termination/severance agreements

Labor Relations & Disputes

  • Help managers build cooperative relationships with their workforce, unionized or not
  • Advise clients on NLRB regulations and represent employers in inquiries and hearings
  • Evaluate and implement alternative labor-management relationships
  • Negotiate collective bargaining agreements and handle arbitration proceedings
  • Respond to strike threats, work stoppages and mass picketing
  • Defend employers against charges of unfair labor practices, including those alleging unlawful termination, failure to bargain in good faith, and interference with employee rights

CLIENTS

Our clients operate in diverse industries, including:

  • Chemical
  • Education
  • Energy and utilities
  • Financial services
  • Government
  • Health care
  • Hospitality
  • Retail
  • Technology
  • Transportation and logistics

TEAM

Our attorneys have been commended by independent legal observers for their “outstanding client service” and identified as some of the “most prominent employment defense attorneys” in the country. The team includes fellows of the College of Labor and Employment Lawyers and fellows of the American College of Trial Lawyers. Members of our team are regularly recognized by leading publications such as Chambers USA, Best LawyersSuper Lawyers, and others. Most recently, two senior members of the department were recognized among "The Nation's Top 100 Most Powerful Employment Attorneys" by Human Resource Executive magazine.

As many large law firms trim their labor and employment practices and once-small boutiques expand into national litigation factories, Cozen O’Connor is steadfast in its conviction that the most sophisticated labor and employment matters are best served by practitioners operating within a full-service firm. Our labor and employment attorneys work closely with their colleagues in corporate, tax, M&A, real estate, and antitrust law to see all sides of an issue and provide comprehensive analyses. In addition, Cozen O’Connor attorneys do not churn out canned solutions to generic problems. Our clients demand tailored, timely advice that is informed by a genuine understanding of their business – and that’s what we provide.

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Expansion of Premium Processing for Certain Previously Filed EB-1 and EB-2 I-140 Petitions Continues [Alert]

July 18, 2022

We previously alerted our readership in May 2022 that USCIS was implementing premium processing for certain I-140 petitions in the EB-1 and EB-2 categories. The availability of premium processing for previously filed I-140 petitions referred only to EB-1 multinational executive and manager I-140 petitions and EB-2 petitions filed for advanced degree professionals or members of the professions with an advanced degree or exceptional ability petitions seeking a national interest waiver.

5 Tips For Employers Regulating Employee Speech Online [Law360]

June 24, 2022

Aaron Holt authored an article about how courts are increasingly being asked to address employment matters involving speech on social media.

Seventh Circuit Clarifies that Denial of Leave is Not Necessary for an FMLA Interference Claim [Alert]

June 21, 2022

Abigail Green discusses the Seventh Circuit's decision in Salvatore Ziccarelli v. Thomas J. Dart, et al.

US Supreme Court Places Limits on California’s PAGA Law [Alert]

June 16, 2022

The Supreme Court ruled that the FAA overrules CA Supreme Court authority limiting arbitration agreements in representative actions under PAGA.

Circuit Court Clarifies Employer Burdens in Religious Accommodation Cases [Alert]

June 03, 2022

In Groff v. DeJoy, a Third Circuit Court of Appeals decision gives very practical guidance for how to respond to religious accommodation claims.

USCIS to Implement Premium Processing for Certain Petitions [Alert]

May 25, 2022

The U.S. Citizenship and Immigration Services announced premium processing for certain petitioners.

#No Filter: Regulating an Employer’s Social Media Posts [Blog Post]

May 25, 2022

A May 20, 2022 decision from the Third Circuit Court of Appeals impacts the limits of permissible speech by employers on social media.

How Pennsylvania Women Can Achieve Equal Pay

May 24, 2022

Kathy Jaffari co-authored an article published in The Philadelphia Inquirer discussing the wage gap in Pennsylvania and the steps that need to be taken to narrow it. Kathy and her co-author, Judy Berkman, are co-chairs of the Women’s Rights Committee of the Philadelphia Bar Association.

California Supreme Court Expands Penalties For Meal and Rest Violations

May 24, 2022

The California Supreme Court recently resolved a long-standing wage and hour question regarding meal and rest period violations.

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines

May 16, 2022

California's Private Attorneys General Act may pave the way for geographically extended enforcement of California labor laws.

USCIS Increases Automatic Extension Period of Employment Authorization Docs

May 04, 2022

This May, USCIS announced a Temporary Final Rule increasing the automatic extension period for certain Employment Authorization Documents for up to 540 days.

DHS Extends Form I-9 Flexibility through October 31, 2022

April 28, 2022

On April 25, 2022, DHS and ICE announced an extension of flexibilities of the Form I-9 Employment Eligibility Verification Form until October 31, 2022.

The TEAM Act Brings Us Back To The Future Again [Law360]

April 26, 2022

Daniel Johns authored an article about the recently introduced Teamwork for Employees and Managers Act (TEAM) — which would legalize employee involvement committees, an employer-friendly alternative to unions.

Pennsylvania Public Utility Commission to Require Diversity Reporting

April 25, 2022

The Pennsylvania Public Utility Commission will be requiring major jurisdictional public utilities to file annual diversity reports beginning March 2023.

Accommodation vs Personal Benefit: Federal Court Weighs In

April 07, 2022

Sam Edelstein discusses the decision in Hopman v. Union Pacific Railroad.

Release of New Proposed Rules: Electronic Submittal of Workplace Injuries and Illnesses to OSHA [Alert]

March 30, 2022

Jim Sullivan, John Ho, and Anne Greene discuss OSHA's new proposed rules regarding electronic recordkeeping requirements.

Philadelphia City Council Extending COVID-19 Leave Until December 2023 [Alert]

March 28, 2022

On March 3, 2022, Council amended Philadelphia’s Public Health Emergency Leave Ordinance and created a specific COVID-19 sick leave protection.

Department of Labor Issues Strong Caution on Use of Cryptocurrencies in 401(k) Plans [Alert]

March 21, 2022

Rob Kaplan discusses the DOL's compliance release that provides strong caution against ERISA fiduciaries of 401(k) and 403(b) plans including cryptocurrencies as plan investment options.

A Fast Food Employer’s Guide to NYC’s Recently Upheld Wrongful Discharge Law [Alert]

March 01, 2022

Janice Agresti discusses the U.S. District Court of Southern New York's ruling that the Wrongful Discharge Law is constitutional because it minimally burdens interstate commerce.

Prohibiting Arbitration of Sexual Harassment at Forefront of Amendment to Federal Arbitration Act [Alert]

February 15, 2022

Arielle Eisenberg discusses H.R. 4445, an amendment to the Federal Arbitration Act (FAA) otherwise known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”

Illinois Equal Pay Law Changes Complicate Compliance [Law360]

February 09, 2022

Jeremy Glenn, Brittany Green, and Sydney Holman co-authored an article on Illinois' legislative action toward employee pay equality with sweeping amendments in 2021 to the state Equal Pay Act.

Tax Abatement Crunch Time: When Must Coops and Condos Pay Their Employees Prevailing Wages? [Alert]

February 04, 2022

Leni Cummins and Jennifer Miller discuss Section 467-a of the Real Property Tax Law and the prevailing wage affidavit condo and coop boards must submit to qualify for the tax abatement.

Labor Arbitration For Virtual Work Issues Can Be Tricky [Law360]

February 01, 2022

Daniel Johns authored an article about how the rise of virtual workplaces during the COVID-19 pandemic has led to confusion for labor arbitrators who need to determine liability for off-duty misconduct.

Illinois Employers See Equal Pay Certification Looming on the Horizon [Alert]

January 28, 2022

Jeremy Glenn and Brittany Green discuss what employers in Illinois need to know about the EPA amendments.

Supreme Court Allows CMS Vaccine Directive To Go Forward [Alert]

January 19, 2022

Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.

Designating Unvaccinated Employees as a ‘Direct Threat’ to Others [Bloomberg Law]

January 12, 2022

James Sullivan authored an article about if an unvaccinated employee is a “direct threat” to the health and safety of themselves or others in the workplace.

It’s a New Year – With Many New State Minimum Wage Laws [Alert]

January 05, 2022

George Voegele discusses various state and local wage and hour laws that went into effect on January 1, 2022, or will go into effect in 2022.

Sixth Circuit Court of Appeals Lifts OSHA’s ETS Stay: What Now? [Alert]

December 21, 2021

John Ho and Jim Sullivan discuss the Sixth Circuit lifting the Fifth Circuit's stay of OSHA’s general duty COVID Emergency Testing Standard.

NYC Implements Wide-Ranging Pandemic Restrictions, Including Private Sector Vaccine Mandate [Alert}

December 09, 2021

John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.

Florida Law Prohibits Vaccination Mandate Without Five Specific Individual Exemptions [Alert]

November 23, 2021

John Ho and Jim Sullivan discuss Florida Governor DeSantis’s recent legislation banning employers from mandating COVID-19 vaccinations unless several exemptions are offered to employees.

Court Affirms Stay of OSHA Vaccinate-or-Test Emergency Temporary Standard [Alert]

November 15, 2021

John Ho and Jim Sullivan discuss the Fifth Circuit's stay of OSHA's ETS and what happens next.

California Employers Can Let Cal/OSHA Know Federal OSHA COVID-19 ETS Potential Workplace Impacts [Alert]

November 15, 2021

Ed Langhammer, John Ho, and Jim Sullivan discuss Cal/OSHA agenda item “Proposed Emergency Safety Orders for Adoption,” and how California employers can weigh in on how these regulations will impact them.

How Labor Law May Affect Your COVID Vaccine Mandate [Law360]

October 29, 2021

Daniel Johns authored an article discussing labor law considerations surrounding the COVID-19 vaccine mandates in the workplace.

COVID-19 Vaccination: The EEOC’s Long-Awaited Religious Exemption Guidance [Alert]

October 27, 2021

Janice Agresti discusses the EEOC's guidance for employers when an employee requests a religious exemption from the COVID-19 vaccination.

FAQ: Texas Executive Order Restricting Mandatory Vaccination Policies [Alert]

October 13, 2021

Aaron Holt answers questions employers may have about Texas's Executive Order No. GA-40.

Lawsuits Fighting OSHA Covid-19 Vaccine Standard May Not Matter [Bloomberg Law]

September 24, 2021

Jim Sullivan authored an article detailing that six of just nine emergency temporary standards issued by OSHA since the 1970s have been challenged in courts, and only one has been upheld.

White House Announces OSHA ETS Mandating Vaccinations or Weekly Testing for Most Workers [Alert]

September 10, 2021

Jim Sullivan discusses Biden's EO mandating all employers with more than 100 employees require every employee to be fully vaccinated against COVID-19 or to test negative every week.

OSHA’s Updated COVID-19 Guidelines for Employers and What They Mean [PICPA]

September 08, 2021

Debra Friedman authored an article about OSHA's latest COVID-19 guidance for non-health care employers and employees and how it is causing employers to reevaluate their return-to-work policies and procedures.

Under Biden, Nonunion Employers Can't Ignore Labor Law [Law360]

August 04, 2021

Daniel Johns authored an article on how the Biden administration impacts nonunion employers.

DOJ Approves Employers’ COVID-19 Vaccine Requirements [Alert]

August 03, 2021

Ben Shechtman discusses the DOJ's memorandum opinion stating employers may require that employees be vaccinated against COVID-19 subject to the requirements that they provide reasonable accommodations for employees with disabilities or sincerely held religious beliefs that preclude vaccination.

California Supreme Court Targets Meal and Rest Premium Pay Practices [Alert]

July 16, 2021

Brett Greving, Elena Hillman, and Jason Barsanti discuss the California Supreme Court's decision in Ferra v. Loews Hollywood Hotels, LLC.

NYS DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan Under HERO [Alert]

July 14, 2021

John Ho discusses the Department of Labor for the state of New York"s model Airborne Infectious Disease Exposure Prevention Plan under the New York Health and Essential Rights Act and what employers should do now to comply.

OSHA’s New COVID-19 Guidelines and What They Mean for Employers [Alert]

June 16, 2021

Dave Barron discusses new OSHA guidance for vaccinated workers.

A Revised Post-Coronavirus Return to Work Checklist [Alert]

June 07, 2021

In light of recent guidance issued by the Center for Disease Control and the EEOC, we have updated our Return to Work Checklist.

Need an Infectious Disease Prevention Plan? In New York, You Soon Will under the HERO Act [Alert]

May 14, 2021

John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.

New Executive Order Requires Many Federal Contractors to Increase Minimum Wage for Workers by 2022 [Alert]

April 28, 2021

Bob Magovern and Matt Howell discuss Biden's executive order increasing the minimum wage for federal contactors.

OSHA Adds a New Consideration for Employers Related to Adverse Reactions to Vaccines [Alert]

April 26, 2021

John Ho and James Sullivan discuss OSHA's guidance for employers considering requiring employees to get vaccinated.

3 Decisions A Biden NLRB Will Likely Overturn [Law360]

April 26, 2021

Daniel Johns authored an article about the Biden administration's intent to promote and seek passage of the Protecting the Right to Organize Act.

Eleventh Circuit Court of Appeals Refuses to Extend ADA Liability to Websites [Alert]

April 23, 2021

Arielle Eisenberg and Corinne Zucker discuss the possible implications of the Eleventh Circuit's decision in Juan Carlos Gil v. Winn-Dixie Stores, Inc.

DOL Issues Model COBRA Notices For Implementing COVID-Relief Bill’s Subsidized COBRA Requirements [Alert]

April 09, 2021

Robert Kaplan discusses the DOL's three model notices employers are required to send to qualified beneficiaries.

Circuit Court of Appeals Upholds Dismissal of ADA Lawsuit for Failure to Exhaust Administrative Remedies

April 07, 2021

Joseph Quinn discusses the Simko v. U.S. Steel Corp decision and what it means for employers.

Getting Your Workforce Vaccinated Without Getting Sued [Century City Bar Association]

March 31, 2021

John Carrigan, Jr. wrote an article about the COVID-19 vaccine and employers looking to a vaccine as a way to keep their workforce and customers safe may face an uphill battle.

California Enacts New COVID-19 Supplemental Paid Sick Leave Requirements With Retroactive Application

March 29, 2021

Nicole Perkin and Elena Hillman discuss SB 95, which continues and expands the requirements for COVID-19-related sick pay as mandated previously by the federal FFCRA and California’s AB 1867, both of which expired on December 31, 2020.

Christopher Hennessy and Jeremy Glenn contributed an article to the Illinois State Bar Association L&E Newsletter

March 18, 2021

Christopher Hennessy and Jeremy Glenn contributed an article to the Illinois State Bar Association's (ISBA) Labor and Employment Law Newsletter discussing a recent bill introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants, particularly those entered into after the effective date of the bill's adoption into law — including barring some altogether.

Employee Benefits and Executive Compensation Provisions in the American Rescue Plan Act [Alert]

March 12, 2021

Robert Kaplan, Matt Clyde, and Lynn Brehm discuss the American Rescue Plan Act of 2021 and how it affects employee benefit plans and publicly traded companies’ tax deductions for executive compensation.

Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies [Alert]

February 26, 2021

David P. Zambito and Vincent Candiello discuss how Pennsylvania’s regulated public utilities would be impacted by the legalization of marijuana and if they are not permitted to continue their zero-tolerance drug use policies for employees involved in the operation of critical infrastructure.

Progressive Paid Leave Policy Introduced in Philadelphia City Council [Alert]

February 17, 2021

Joseph Hill, Michael Henlon, and Brianna Westbrooks discuss legislation introduced in Philadelphia City Council that would significantly expand required paid sick leave for individuals at companies with more than 50 employees.

What You Need To Know About OSHA’S Updated COVID-19 Guidance

February 02, 2021

John Ho discusses OSHA's revised COVID-19 guidance for employers following an executive order issued by President Biden

Employer Guide to COVID-19 Vaccination

January 20, 2021

David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees.

Illinois Restrictive Covenants Face A Sea Change If Bill Passes

January 19, 2021

Christopher Hennessy and Jeremy Glenn contributed an article to Law360 discussing how on January 8th, a bill was introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants entered into after the effective date of its adoption into law, including barring some altogether.

Watershed Fifth Circuit Opinion Raises Bar for FLSA Collective Actions [Alert]

January 19, 2021

Adam C. Gutmann and David L. Barron discuss the landmark ruling in Swales v. KLLM Transport Servs., LLC, wherein the court did away with the two-step Lusardi framework that most FLSA collective actions have followed for the last 33 years.

Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement [Alert]

January 13, 2021

Stephen Miller and Casey James discuss the DOJ's indictment charging Surgical Care Affiliates LLC of colluding with two companies not to solicit each other’s senior-level employees.

Obama 2.0: What Employers Can Expect From Biden On Labor [Law360]

January 05, 2021

Daniel Johns wrote an article about what the upcoming Biden administration will look like on labor issues.

City of Pittsburgh Enacts Ordinance Mandating Paid Time Off Related to COVID-19 [Alert]

December 17, 2020

Peter Ennis discusses the ordinance signed by Mayor Bill Peduto covering employers with 50 or more employees and requiring them to provide paid time off for employees working in the city who miss work due to reasons related to COVID-19.

Getting Your Workforce Vaccinated Without Getting Sued [Law360]

December 14, 2020

John Carrigan, Jr. wrote an article about the COVID-19 vaccine and employers looking to a vaccine as a way to keep their workforce and customers safe may face an uphill battle.

Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student

December 03, 2020

Ben Shechtman discusses the first-of-its-kind decision by the Pennsylvania Commonwealth Court that the MMA did not require a nursing school to accommodate a student’s use of medical marijuana under the Pennsylvania Human Relations Act.

States of Flux — What Employers Need to Know About Election 2020 and New State Laws [Alert]

November 23, 2020

David Barron, Joseph Quinn, Jake Rubinstein, Di Addy Tang, Peter Ennis, Adam Gutmann, and Anne discuss various state laws that may impact employers.

Exec Employment Considerations Under A Biden White House [Law360]

October 30, 2020

Jeff Pasek, Diane Thompson, Anne Green, and Michael Corgan wrote an article about what a Joe Biden administration would look like for companies.

Employer Obligations Relating to Employee Voting [Alert]

October 20, 2020

Peter Ennis and Brett Greving breakdown, by state, what employees are entitled to when it comes to their right to vote.

Employers Must Beware The Coming Union Organizing Storm [Law 360]

October 07, 2020

Daniel Johns wrote an article discussing the risk of union organizing that employers may face at the end of the COVID-19 pandemic.

California Codifies New COVID-19 Notice Requirements and Expands Cal OSHA Authority [Alert]

September 23, 2020

Elena Hillam and Austin Dieter discuss AB 685, signed by Governor Newsom, implementing new reporting and notice requirements and granting Cal OSHA additional powers following employee exposure to COVID-19 in the workplace.

Rebuttable Presumption for COVID-19 Illnesses to Impact Employers Through 2022 [Alert]

September 23, 2020

Elena Hillman and Austin Dieter discuss SB 1159, signed into law by Governor Newsom, expanding access to workers’ compensation and making it easier for first responders, health care workers, and other workers who test positive for COVID-19 due to an outbreak.

Eleventh Circuit Goes It Alone by Prohibiting Class Representative Incentive Awards [Alert]

September 21, 2020

Jason Barsanti discusses the Eleventh Circuit's decision in Johnson v. NPAS Solutions, LLC.

Philadelphia Mandates Two Weeks of Paid Sick Leave for Workers Impacted by COVID-19 [Alert]

September 17, 2020

George Voegele discusses the city of Philadlelphia's new ordinance that makes two weeks of paid sick leave available to thousands of Philadelphia workers impacted by COVID-19.

California’s Large Employers to Provide COVID-19 Paid Sick Leave Following Newsom’s Signature [Alert]

September 15, 2020

Bethany Vasquez, Elena Hillman, and Austin Dieter discuss Assembly Bill 1867, requiring large employers to provide COVID-19 related supplemental paid sick leave to their California employees.

Good-Faith Defense Affirmed as to Claims Against Unions Representing Pennsylvania Public Employees [Alert]

September 15, 2020

Michael Hanlon and Benjamin L. Shechtman discuss the Third Circuit's consolidated opinions in Diamond et al. v. PSEA et al. and Wenzig et al. v. SEIU Local 668 et al.

Changes to USCIS Fee Schedule and Forms [Alert]

September 08, 2020

On August 3, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a Final Rule that alters the USCIS filing Fee Schedule. On average, the filing fees were increased overall by approximately 20 percent.

Eleventh Circuit Sides With Employer in Title VII Opposition Clause Case [Daily Business Review]

August 21, 2020

Arielle Eisenberg wrote an article about the Title VII of the Civil Rights Act that protects an employee's conduct of complaining about Title VII violations.

Employer Back to School Guide

August 06, 2020

David Barron, David Hackett, Nandini Sane, and Bethany Vasquez designed an FAQ to address concerns that employers have regarding COVID-19 and the Fall semester.

New York Federal Judge Strikes Down Portions of Dept. of Labor’s Emergency Paid Leave Rules [Alert]

August 05, 2020

David Barron discusses the Southern District of New York's decision on August 3, 2020, finding that four portions of the DOL's final rule exceeded the DOL’s authority and should be set aside as invalid.

Eleventh Circuit Explains How Protected Activity Loses Its Protected Status in Gogel v. Kia Motors [Alert]

August 04, 2020

Arielle Eisenberg discussed the Eleventh Circuit's decision in Gogel v. Kia Motors.

Courts Give “Thumbs Down” to Pennsylvania Employees Terminated For Social Media Posts [PHRA]

July 30, 2020

Alan Pittler wrote an article about three separate lawsuits brought by Pennsylvania employees who were terminated for social media posts.

Employers Must Vigilantly Evaluate WARN Obligations As Pandemic Continues [Alert]

July 28, 2020

Dave Hackett and Anna Wermuth discuss what employers must do to ensure they are complying with all applicable laws.

COVID-19 FAQs For California Employers

July 01, 2020

Michele Ballard Miller, Walter Stella, Elena Hillman, and Austin Dieter designed an FAQ that California Employers have regarding COVID-19.

Job descriptions can be an employer’s best document [South Florida Business & Wealth]

June 28, 2020

Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how a job description can affect litigation.

In Landmark Decision, U.S. Supreme Court Expands LGBTQ Protections in Employment [Alert]

June 17, 2020

Arielle Eisenberg discusses the U.S. Supreme Court's historic decision holding that LGBTQ individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964.

NLRB Severely Limits Jurisdiction Over Religious Schools [Alert]

June 16, 2020

Mike Hanlon, Steve Millman, and Austin Dieter discuss the NLRB's decision in Bethany College.

New York Return-To-Work Safety Plan Checklist

June 10, 2020

Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.

Adapting To Worker-Friendly City Laws Prompted By Virus [Law360]

June 01, 2020

Jeremy Glenn and Julie Trester wrote an article discussing how the COVID-19 pandemic could impact employee rights.

Work After COVID-19: What Is the New Normal For Leave, Accommodation Requests? [Law.com]

May 27, 2020

Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how the EEOC intends that ADA accommodation requests will be alive and well post-coronavirus and employers will be required to engaged in the interactive process with each individual.

OSHA Does an Abrupt Turn In Issuing New Guidance on Recording COVID-19 [Alert]

May 21, 2020

Austin Dieter and John Ho discuss OSHA's most recent guidance on when employers need to record COVID-19 illnesses.

Chicago City Counsel Delays Private Right of Action in Fair Workweek Ordinance [Alert]

May 21, 2020

Jeremy Glenn, Julie Trester, and James Mackey discuss the Chicago City Council has adopted an amendment to the Fair Workweek Ordinance delaying the ability of employees to file lawsuits in court until January, 1, 2021. However, the action does not delay enforcement of the ordinance starting July 1.

Pennsylvania Department of Health Issues Revised Employer COVID-19 FAQs [Alert]

May 06, 2020

Bryant Andrews and Bethany Salvatore discuss the Pennsylvania Department of Health's guidance for the businesses permitted to maintain in-person operations.

EEOC Issues Guidelines on COVID-19 Testing of Employees [Alert]

April 29, 2020

Benjamin L. Shechtman discusses the EEOC's recent guidance allowing ADA-covered employers to administer a COVID-19 test to an employee prior to permitting the employee to enter the workplace, without running afoul of EEO laws.

Philadelphia Moves Forward with Fair Workweek Law Despite COVID-19 Pandemic [Alert]

April 28, 2020

Steve Millman and Michael Hanlon discuss Philadelphia's new Fair Workweek law and what employers need to know as they begin restarting operations following COVID-19 shutdowns.

Return to Work Post-Coronavirus Checklist

April 24, 2020

Cozen O'Connor Labor and Employment attorneys addressed how employers should plan returning to work post-coronavirus.

Potential Pitfalls of Temperature Screenings [Alert]

April 24, 2020

Di Addy Tang, Elena Hillman, and Austin Dieter discuss what employers need to consider before implementing temperature screenings of employees.

Pennsylvania Requires New Employer Safety Measures to Combat COVID-19 [Alert]

April 17, 2020

Alan Pittler discusses Pennsylvania's new employer safety measures and what that could mean for non-essential businesses when they are ready to open up.

Telework May Bring Reimbursement Claims For Ill. Employers

April 10, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing teleworking and what this might mean for Illinois businesses in terms of expense reimbursement.

Dealing with Employee Protests and Strikes due to COVID-19 Concerns [Alert]

April 09, 2020

Adam Gutmann discusses what employers should do when employees strike, participate in sickouts, or request PPE or to work from home due to concerns surrounding COVID-19.

Duty to Report Employees Who Test Positive for COVID-19

April 08, 2020

John Ho and Peter Ennis describe whether employers should report, under federal or state law, an employee who has tested positive.

NLRB Issues New Election Rule [Alert]

April 06, 2020

Shaina Hicks and Mike Hanlon detail three changes the NLRB made to the representation case procedures.

New York State grants COVID-19 Immunity to Health Care Industry

April 06, 2020

David Loh and John Ho discuss New York's new state budget and the Emergency or Disaster Treatment Protection Act, which protects health care professionals from liability that may result from the treatment of individuals with COVID-19.

The CARES Act Provides New Distribution and Loan Options for Individual Account Retirement Plans [Alert]

April 03, 2020

Matthew Clyde explains how the CARES Act may impact individual retirement accounts.

IRS Provides New Guidance Regarding Tax Credits under the Families First Coronavirus Response Act

April 02, 2020

Nandini Sane and Tina Syring summarize employers' obligations and benefits under the FFCRA.

Employer Checklist for Responding to a Positive COVID-19 Test [Alert]

April 01, 2020

Michael Hanlon and Anna Will Kentz detail how employers should handle an employee who tests positive for COVID-19 or whom demonstrates symptoms of the virus.

Pandemic-Related Funding Options For Ill. Businesses

March 30, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing the different programs the state of Illinois has announced to help businesses navigate through the COVID-19 pandemic.

MINNESOTA Response to COVID-19 [Alert]

March 30, 2020

Tina Syring discusses Minnesota's stay-at-home order and its impact on employers.

Summary and Analysis of Key Provisions of the CARES Act

March 28, 2020

Members of Cozen O'Connor's Coronavirus Task Force provide analysis of the CARES Act and how it will impact small businesses, distressed industries, employers and employees, taxes, and the health care, real estates, and energy industries.

Labor and Employment Attorneys Answer Three COVID-19 Questions [Lodging Magazine]

March 23, 2020

Susan Eisenberg and Jennifer Williams wrote about the challenges that the hospitality and lodging industry are facing with COVID-19.

California Governor Orders All Residents to Stay at Home [Alert]

March 20, 2020

Austin Dieter, David Hatch, and Brett Greving discuss Governor Newsome's order, who is exempt, and what services will remain available to Californians.

Layoffs, Furloughs, and the Impact of WARN Acts on Reorganizations [Alert]

March 20, 2020

Jen Williams, Peter Ennis, Arielle Eisenberg, and Nandini Sane discuss what employers must consider under state and federal WARN Acts before laying off or furloughing employees during the COVID-19 pandemic.

FAQ: Families First Coronavirus Response Act [Alert]

March 19, 2020

Aaron Holt answers employers' questions regarding the Families First Coronavirus Response Act.

Working from Home in the Age of COVID-19 — Answers to 10 Questions Employers Should Be Asking [Alert]

March 17, 2020

Peter Ennis and Michael Hanlon answer the questions employers should be asking as the workforce moves to telecommute.

IRS Announces High Deductible Health Plans Can Cover COVID-19 Expenses Without Applying a Deductible [Alert]

March 16, 2020

Robert Kaplan discusses the IRS Notice 2020-15 allowing employers to relax deductibles and other out-of-pocket limits for coronavirus-related expenses.

Model Coronavirus Response Plan

March 16, 2020

David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.

Employers Should Make Coronavirus Preparations Now [Bar Business Magazine]

March 13, 2020

Aaron Holt wrote an article discussing the action that employers should take with coronavirus within the workplace.

Medical Inquiries and Examinations Related to Coronavirus [Alert]

March 13, 2020

David Barron and Debra Friedman answer employers' frequently asked questions when it comes to the coronavirus.

Pittsburgh Paid Sick Days Act Going Into Effect Amidst Uncertainty [Alert]

March 04, 2020

Joseph Quinn details what employers need to know about Pittsburgh new Act, including who is impacted and what they need to do now.

IRS Asserts No Statute of Limitations for ACA Violations; May Require New Record Retention Policies [Alert]

March 02, 2020

Jay Dorsch and Rob Kaplan discuss the IRS's position that there is no statute of limitations for penalties associated with the Affordable Care Act.

Third Circuit Upholds Philadelphia Wage History Ordinance [Alert]

February 20, 2020

Mariah L. Passarelli discusses the Third Circuit's decision and what employers need to do next.

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry [Alert]

February 11, 2020

Katie Schwab discusses two new bills in New York City impacting fast food employers and employees. A hearing on the bills is scheduled for February 13.

Circuit Court Once Again Reins in NLRB Over Jurisdiction [Alert]

February 03, 2020

Joe Quinn discusses the court's decision in Duquesne University v. NLRB and its impact on future attempts at organizing by faculty and non-faculty employees at religious schools.

A Labor Attorney Explains the Work Rules Around Getting Sick in the Office, Whether You're Facing a Small Cold or the Coronavirus [Business Insider]

January 31, 2020

David Barron wrote about company policies involving illness in the workplace and five important questions that both employees and employers should be asking.

Court Finds Implied Wrongful Discharge Cause of Action Under PA Medical Marijuana Act [Alert]

January 30, 2020

George Voegele and Adam Gutmann discuss the Palmiter v. Commonwealth Health Systems, et al., case and what employers in Pennsylvania need to know.

Year-End Spending Bill Includes Significant Employee Benefit Plan Changes

December 30, 2019

Robert Kaplan and Jay Dorsch discuss why employers need to begin evaluating the effects of the SECURE Act on their retirement plans as soon as possible.

It’s Holiday Time—Can the Holiday Party Mean Exposure? [Law.com]

December 16, 2019

Susan Eisenberg wrote about the dos and don'ts for employers to keep employees safe during holiday parties.

Harrisburg May Be on Cusp of Grand Compromise Regarding Employee Pay

December 03, 2019

Joe Quinn discusses the fate of the increase to the salary test for EAP exemptions and the minimum wage in Pennsylvania.

Court Says Disability-Based Harassment Is Unlawful Under ADA But Finds Plaintiff’s Evidence Lacking

November 25, 2019

Jake Rubinstein discusses workplace harassment under the ADA and what lessons employers should take from Ford v. Marion County Sheriff's Office.

‘OK, Boomer’ Is Not OK in the Workplace [Law.com]

November 22, 2019

Joseph Sirbak wrote an article about the phrase "OK, boomer" and the legal consequences behind saying it.

Proceed with Caution: Halloween is the Unofficial Start of the Office Party Season [New Jersey Business]

October 30, 2019

Michael Schmidt discussed how employers can control an office party to avoid legal pitfalls.

Ninth Circuit Court of Appeals Holds Franchisor Not Liable as a Joint Employer of its Franchisee's Employees [Alert]

October 22, 2019

The 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th Cir. 2019), holding franchisor McDonald’s was not a joint employer with its franchisee, because McDonald’s did not retain control of day-to-day aspects of work at the franchisee’s restaurants.

NLRB Reaffirms Its Commonsense Approach to the Validity of Employee Rules [Alert]

October 17, 2019

Barry Kearney discusses the Board's commonsense analysis of what kind of employee conduct the rule it is attempting to regulate.

New Laws On Independent Contractors Could Be Coming to a City and State Near You [Alert]

October 14, 2019

Matt Glavin and Jeremy Glenn discuss California, New York, and Illinois laws aimed at changing how workers are classified and their impact on the gig economy.

Pennsylvania Law Passed Requiring Mandatory Use of E-Verify in the Construction Industry [Alert]

October 11, 2019

Michael Hanlon and Fran Rayer discuss the new Pennsylvania law affecting the construction industry that goes into effect on October 6, 2020.

NLRB Breaks With 70 Years of Precedent and Develops a New Test for Unilateral Changes

October 01, 2019

Barry Kearney discusses the 3-1 decision in MV Transportation and why unions will now have to convince arbitrators that the employer’s unilateral action violated the agreement.

Office Halloween Parties Can Scare up Legal Issues [King County Bar]

October 01, 2019

David Barron wrote about the boundaries employers should set when they celebrate Halloween at work.

AB5: The Gig Is up on Independent Contractors [Alert]

September 25, 2019

Jason Barsanti and Brett Greving discuss AB5, which goes into effect January 1, 2020, and what it mean for employers and businesses, including the specific exceptions and what to expect next.

Third Circuit Vacates Order Compelling Uber Driver to Arbitrate [Alert]

September 19, 2019

David Loh and Chris Raleigh discuss the Third Circuit's decision, ordering the district court to allow discovery to determine if Uber drivers belongs to a class of transportation workers engaged in interstate commerce.

NLRB: After Boeing, Union Organizing Becomes Harder [Alert]

September 19, 2019

Barry Kearney discusses the Board's clarification of how the shared and distinct interests should be weighed when deciding whether the petitioned-for unit was appropriate.

5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims [Law360]

September 16, 2019

Debra Friedman discussed the U.S. Court of Appeals for the Fifth Circuit's recent decision in Faludi v. U.S. Shale Solutions LLC.

California Employers Cheer Rare PAGA Victory [Alert]

September 16, 2019

Jason Barsanti discusses the California Supreme Court's decision in Z.B., N.A. and Zions Bancorporation v. Supreme Court (Lawson) holding that private litigants cannot recover unpaid wages pursuant to section 558 of the Labor Code.

Marijuana in the Workplace [Gaming Law Review]

September 11, 2019

Christopher Kelly co-authored an article discussing the methods by which states have chosen to legalize marijuana and the federal government's approaches to legalization, as well as what protections employees who use have both from disability discrimination and to be accommodated under state and federal law, and what sorts of testing are legally and practically possible.

The Access of Off-Duty Contractor Employees to Private Property: A New Rule by the NLRB [Alert]

September 03, 2019

Barry Kearney discusses the NLRB's decision in Bexar County Performing Arts Center Foundation and its implications for off-duty employees who wish to communicate with the public about their working conditions.

6th Circ. Clarifies Employer Rights Amid Union Discussions [Law360]

August 30, 2019

Jake Rubinstein wrote about the Sixth Circuit's recent decision in Hendrickson USA v. National Labor Relations Board.

Wake Up Call to Employers: Illinois Joins #MeToo Movement with Groundbreaking Legislation [Alert]

August 27, 2019

Jeremy Glenn and Danielle Harris discuss Public Act 101-0221 that includes the new Workplace Transparency Act and also makes significant amendments to the Uniform Arbitration Act, the Illinois Human Rights Act, and the Victims’ Economic Security and Safety Act.

Illinois Cannabis Regulation and Tax Act – What You Need to Know [Alert]

August 16, 2019

Adam Gutmann and Anna Wermuth discuss what employers should do to comply with the new Illinois Cannabis Regulation and Tax Act.

Highlights of OSHA changes to 29 CFR 1926.55 – gases, vapours, fumes, dusts and mists [Chemical Watch]

August 08, 2019

John Ho examines updates to employee exposure limits.

Chicago Enacts Nation-Leading Predictive Scheduling Ordinance [Alert]

August 01, 2019

Jeremy Glenn and James Mackey discuss the most comprehensive “predictive scheduling” ordinance in the nation that includes significant notice, scheduling, and rest provisions for many employers in Chicago.

Access to Public Space on an Employer’s Property by Non-Employee Union Organizers: A New Rule [Alert]

July 17, 2019

Barry Kearney discusses the NLRB overturning nearly four decades of precedent.

When They Don’t Wanna’: What To Do When Employees Don’t Want To Take FMLA Leave [Pittsburgh HRA]

July 17, 2019

Mariah Passarelli wrote an article about the challenges that employers face with the Family and Medical Leave Act.

When is Obesity a Disability under the ADA? [Alert]

June 26, 2019

Jeff Pasek discusses the Seventh Circuit's decision in Richardson v. Chicago Transit Authority and what employers need to know when making decisions related to employee disability claims.

HR guide for hurricane and disaster preparation [Westlaw]

June 26, 2019

Aaron Holt wrote about the steps employers must consider as they prepare for hurricane season and any natural or unforeseen disaster.

HHS Publishes Conscientious Objector Rule for Health Care Entities: Litigation Follows [Alert]

June 05, 2019

Peter Ennis discusses HHS's new conscientious objector rule and what health care providers need to do in order to prepare for compliance.

Navigating Background Checks in the Hiring Process [The National Law Journal]

June 01, 2019

Bethany Salvatore and Bryant Andrews wrote about conducting criminal background checks during the hiring process.

NLRB Deals Another Blow to Gig Workers’ Rights Under NLRA [Alert]

May 23, 2019

Anna Wermuth, Kelly Kindig, and Dan Johns discuss the recent advice memorandum released by the Division of Advice of the NLRB concluding drivers for the ride-sharing platform Uber are independent contractors and not employees.

DOL Shares Its Views on Independent Contractors in the Gig Economy [Alert]

May 02, 2019

Kelly Kindig discusses the six factors the DOL considers when determining if a worker is an employee.

Can OSHA Issue Citations for General-Duty Violations? [SHRM]

April 26, 2019

John Ho wrote about how the Occupational Safety and Health Administration (OSHA) may need to give employers more-specific guidance for keeping their workplaces free from hazards that may cause death or serious physical harm, according to commissioners in two recent administrative rulings.

NLRB Overturns Rule and Clarifies a Successor Employer’s Right To Set Initial Terms of Employment [Alert]

April 18, 2019

Barry Kearney discusses the NLRB decision to overrule Galloway School Lines and its Ridgewood Health Care Center, Inc., ruling.

How teamwork won asylum for a Mexican family [Daily Herald]

April 17, 2019

Julie Trester wrote about her personal experience helping lead the asylum victory of a young Mexican mother and her children.

Politics in the workplace: More than just a headache for employers [Westlaw Journal]

April 15, 2019

Nandini Kavuri discussed ways that employers can defuse heated political discussions in the workplace without improperly restricting the ability of employees to express themselves.

Defuse Troubled Employees Without Getting Sued [HR News Magazine]

April 01, 2019

David Barron wrote about the two disturbing trends that employers find themselves confronting.

Employers in Control: Fifth Circuit Sheds New Light on Independent Contractor Test [Alert]

March 27, 2019

On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an employer-friendly opinion, clarifying the level of “control” an employer may exercise over its independent contractors under the Fair Labor Standards Act.

The Independent Contractor Analysis under the National Labor Relations Act - Has the NLRB Come Full Circle? [Bloomberg Law]

March 26, 2019

Debra Friedman and Christopher Hennessy discussed how the employee versus independent contractor distinction is significant and has far-reaching implications for businesses.

In A Setback for Unions, NLRB Holds Lobbying Expenses Are Not Chargeable to Non-Members [Alert]

March 18, 2019

Barry Kearney discusses a recent NLRB decision and how it impacts unions who represent multiple units (particularly inter-state units) and international unions.

When 'Blended' OT Policies Violate FLSA's Wage Rules [Law360]

March 11, 2019

Debra Friedman discussed the impact of FLSA's wage rules with the recent case of U.S. Department of Labor v. Fire & Safety Investigation Consulting Services LLC.

DOL Proposes Revised Increase to FLSA Overtime Exemption Thresholds [Alert]

March 11, 2019

David Barron and Adam Gutmann discuss the DOL's proposal to increase the threshold at which employers can invoke certain “white collar” exemptions to the Fair Labor Standards Act overtime requirements to $679 per week ($35,308 per year).

TPS Extended For Sudan, Nicaragua, Haiti, and El Salvador [Alert]

March 06, 2019

Velika Nespor and Frances Rayer discuss USCIS's automatic extension of TPS status until January 2, 2020.

Events & Seminars

Upcoming Events

When to Sponsor the Permanent Resident Process for Workers in Nonimmigrant Status

June 14, 2024 - Chicago, IL

Scott Bettridge will present “When to Sponsor the Permanent Resident Process for Workers in Nonimmigrant Status” at the 2024 American Immigration Lawyers Association (AILA) Annual Conference on Immigration Law.

NLRB Update

March 12, 2024 - Webinar

Daniel Johns will present an NLRB update at the NELI Employment Law Briefing webinar. Dan will highlight the substantial changes at the National Labor Relations Board, now under the control of Biden appointees.

Discrimination, Leaves of Absences, and Other Workplace Issues: An Update for 2024

February 29, 2024 - Webinar

The parameters of what constitutes discrimination in the workplace continue to evolve as new laws and interpretations of existing laws are published. At the same time, more and more states have been actively redefining employee leave rights. In this webinar, we will examine these new trends, including expanded sick leave laws, the new right to reproductive leave, and other paid leave trends.

Past Events

Updates to Labor & Employment Laws

February 22, 2024 - Minneapolis, MN

Managing the Workplace in an Election Year

January 25, 2024 - Webinar

2024 AGC Construction Safety & Health Conference

January 10, 2024 - Newport Beach, CA

Health Law 2024

December 05, 2023 - Philadelphia, PA

Are You My Employee?

November 14, 2023 - Mars, Pennsylvania

Testing Certification through Litigation

November 11, 2023 - Seattle, WA

Problematic Provisions in Employee Agreements

November 02, 2023 - Redwood City, CA

Settling OSHA Citations: It's Not Just About OSHA

September 19, 2023 - Orlando, FL

FMLA and ADA Compliance Deep Dive

August 29, 2023 - Pittsburgh, PA

State of Play: Federal OSHA Update

July 25, 2023 - Nashville, TN

Show Up and Step Up

July 21, 2023 - Houston, TX

What Keeps Nonprofit Lawyers Up At Night?

June 22, 2023 - Philadelphia, PA

Data Privacy in the Employment Context

June 21, 2023 - Webinar

Pay Equity: 2023 Update and Trends

May 25, 2023 - Webinar

CEO Succession & Transition

May 24, 2023 - Webinar

Virtual Legal Audit for Nonprofits

May 12, 2023 - Webinar

Pay Equity: 2023 Update

April 20, 2023 - Webinar

NY Law Update

April 18, 2023 - Philadelphia, PA

Where is the NLRB Now?

April 18, 2023 - Philadelphia, PA

Can We Agree to…..Agree?

April 13, 2023 - Sacramento, CA

Alternatives to the H-1B

March 09, 2023 - Webinar

How the Next Two Years Will Impact Employers

February 16, 2023 - Webinar

SECURE 2.0 Act: What Employers Need to Know

February 15, 2023 - Webinar

Strategies for Arbitrating FLSA Claims

February 15, 2023 - Puerto Vallarta, Mexico

Who Cares About Handbooks Anyway

February 09, 2023 - Sunrise, FL

ESG in the Workplace

February 01, 2023 - Webinar

The Ins & Outs of the H-1B

January 26, 2023 - Webinar

The Ethics of Social Media

January 25, 2023 - Pittsburgh, PA

Arbitration: The Not So New Frontier

January 24, 2023 - New York, NY

Path to Permanent Residency: PERM

December 07, 2022 - Webinar

Responding to Governmental Agencies

November 09, 2022 - Webinar

Employee Handbooks 2022

July 28, 2022 - Webinar