Interviews with EEOC, NLRB, and OSHA
In the latest episode of Employment Law Now, Michael Schmidt spoke with EEOC Commissioner Andrea Lucas, NLRB General Counsel Jennifer Abruzzo, and OSHA Assistant Secretary Douglas Parker about today’s hot topics and agency initiatives.
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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. We frequently meet with clients to educate them on the challenging issues posed by the virus. For example, to avoid 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
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Investigate employee claims or government inquiries
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Defend clients against individual or class (collective) action lawsuits
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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
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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
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Advocate for clients in trade secrets and restrictive covenant cases
Employer Advising, Training and Investigations
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Assist in the resolution of individual workplace problems
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Create effective employee benefits and executive compensation programs
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Advise in-house counsel, human resources professionals, and executives in the development of sound personnel policies that limit liability and enhance productivity
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Train staff to ensure fair and consistent enforcement of personnel policies
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Perform workplace audits and internal investigations
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Review and draft employment policies and manuals, as well as employment and termination/severance agreements
Labor Relations & Disputes
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Help managers build cooperative relationships with their workforce, unionized or not
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Advise clients on NLRB regulations and represent employers in inquiries and hearings
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Evaluate and implement alternative labor-management relationships
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Negotiate collective bargaining agreements and handle arbitration proceedings
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Respond to strike threats, work stoppages and mass picketing
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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:
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Chemical
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Education
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Energy and utilities
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Financial services
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Government
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Health care
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Hospitality
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Retail
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Technology
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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 Lawyers, Super 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.
November 09, 2022
The TSA has extended the requirement for all nonimmigrant foreign nationals to present proof of being fully vaccinated prior to entering the United States.
November 03, 2022
Daniel Johns authored an article about how employee resource groups (ERGs) have become one of the primary methods employers use to engage employees and increase morale in the workplace.
October 31, 2022
The EEOC has issued an updated “Know Your Rights” poster, revised as of October 20, 2022.
October 28, 2022
New Jersey Senate Bill No. 315 creates broad protections for many employees in the health care sector in the event of a change in control.
October 28, 2022
The California 6th District Court of Appeal recently ruled that where an employer could track the exact time in minutes that an employee worked each shift.
October 26, 2022
USCIS granted 60 more days to respond to Notices of Intent to Deny/Revoke/Rescind & Requests for Evidence if issued between March 1, 2020, and January 24, 2023.
October 18, 2022
DHS and ICE announced that an extension of the Form I-9 flexibilities will continue for another nine months until July 31, 2023.
October 17, 2022
A slew of employment law bills were signed into law by Governor Newsom as we close out 2022 and begin a new year in 2023.
October 12, 2022
Elena Hillman, Jake Rubinstein, and Janice Agresti authored an article on what pay transparency could mean for states.
October 07, 2022
Although the current administration has stated its desire to eliminate the DV Lottery program, it will go forward this year.
October 05, 2022
A recent decision from the Fifth Circuit upheld a Texas state law impacting the power of social media platforms to moderate content on their platforms.
October 04, 2022
USCIS will extend the temporary waiver of the "60-day rule" for Form I-693.
September 29, 2022
Effective September 26, 2022, USCIS began automatically extending the validity of Green Cards to 24 months for lawful permanent residents who file a Form I-90.
September 19, 2022
On September 15, 2022, USCIS announced the next phase of the premium processing expansion for certain petitioners.
September 12, 2022
The NLRB issued an NPRM that would broaden the standard for determining whether two employers are joint employers under the National Labor Relations Act.
September 08, 2022
On 9/6/22, USCIS announced it has used nearly all available EB visas for this fiscal year and will exhaust the 281,507 EB visas by the end of the month.
September 06, 2022
The National Labor Relations Board recently reaffirmed employees’ right to wear union insignia at work and found that Tesla, Inc. violated federal labor law.
August 31, 2022
The OFCCP informed all federal contractors that a FOIA request seeking contractor data from '16-'20 was submitted. Contractors must file objections by 9/19/22.
August 18, 2022
David Adams authored an article about employers who employ or wants to employ a foreign worker for permanent residence.
July 29, 2022
Daniel Johns authored an article on the recent decision from the U.S. Court of Appeals for the Third Circuit in FDRLST Media LLC v. National Labor Relations Board.
July 19, 2022
On July 6, 2022, DHS announced that employers are required to update their Forms I-9 by July 31, 2022, for all employees who completed their I-9 verifications with expired documents between May 1, 2020, and April 30, 2022.
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.
June 24, 2022
Aaron Holt authored an article about how courts are increasingly being asked to address employment matters involving speech on social media.
June 21, 2022
Abigail Green discusses the Seventh Circuit's decision in Salvatore Ziccarelli v. Thomas J. Dart, et al.
June 16, 2022
The Supreme Court ruled that the FAA overrules CA Supreme Court authority limiting arbitration agreements in representative actions under PAGA.
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.
May 25, 2022
The U.S. Citizenship and Immigration Services announced premium processing for certain petitioners.
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.
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.
May 24, 2022
The California Supreme Court recently resolved a long-standing wage and hour question regarding meal and rest period violations.
May 16, 2022
California's Private Attorneys General Act may pave the way for geographically extended enforcement of California labor laws.
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.
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.
April 07, 2022
Sam Edelstein discusses the decision in Hopman v. Union Pacific Railroad.
March 30, 2022
Jim Sullivan, John Ho, and Anne Greene discuss OSHA's new proposed rules regarding electronic recordkeeping requirements.
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.
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.
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.
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.”
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.
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.
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.
January 28, 2022
Jeremy Glenn and Brittany Green discuss what employers in Illinois need to know about the EPA amendments.
January 19, 2022
Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.
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.
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.
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.
December 09, 2021
John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.
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.
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.
November 15, 2021
John Ho and Jim Sullivan discuss the Fifth Circuit's stay of OSHA's ETS and what happens next.
October 29, 2021
Daniel Johns authored an article discussing labor law considerations surrounding the COVID-19 vaccine mandates in the workplace.
October 27, 2021
Janice Agresti discusses the EEOC's guidance for employers when an employee requests a religious exemption from the COVID-19 vaccination.
October 13, 2021
Aaron Holt answers questions employers may have about Texas's Executive Order No. GA-40.
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.
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.
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.
August 04, 2021
Daniel Johns authored an article on how the Biden administration impacts nonunion employers.
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.
July 16, 2021
Brett Greving, Elena Hillman, and Jason Barsanti discuss the California Supreme Court's decision in Ferra v. Loews Hollywood Hotels, LLC.
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.
June 16, 2021
Dave Barron discusses new OSHA guidance for vaccinated workers.
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.
May 14, 2021
John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.
April 28, 2021
Bob Magovern and Matt Howell discuss Biden's executive order increasing the minimum wage for federal contactors.
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.
April 26, 2021
John Ho and James Sullivan discuss OSHA's guidance for employers considering requiring employees to get vaccinated.
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.
April 09, 2021
Robert Kaplan discusses the DOL's three model notices employers are required to send to qualified beneficiaries.
April 07, 2021
Joseph Quinn discusses the Simko v. U.S. Steel Corp decision and what it means for employers.
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.
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.
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.
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.
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.
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.
February 02, 2021
John Ho discusses OSHA's revised COVID-19 guidance for employers following an executive order issued by President Biden
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.
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.
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.
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.
January 05, 2021
Daniel Johns wrote an article about what the upcoming Biden administration will look like on labor issues.
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.
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.
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.
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.
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.
October 20, 2020
Peter Ennis and Brett Greving breakdown, by state, what employees are entitled to when it comes to their right to vote.
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.
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.
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.
September 21, 2020
Jason Barsanti discusses the Eleventh Circuit's decision in Johnson v. NPAS Solutions, LLC.
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.
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.
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.
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.
August 31, 2020
Anne Greene discusses the IRS's Notice 2020-65, which provides guidance regarding implementation the deferral of the withholding and payment of the employee portion of social security taxes.
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.
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.
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.
August 04, 2020
Arielle Eisenberg discussed the Eleventh Circuit's decision in Gogel v. Kia Motors.
July 30, 2020
Alan Pittler wrote an article about three separate lawsuits brought by Pennsylvania employees who were terminated for social media posts.
July 28, 2020
Dave Hackett and Anna Wermuth discuss what employers must do to ensure they are complying with all applicable laws.
July 01, 2020
Michele Ballard Miller, Walter Stella, Elena Hillman, and Austin Dieter designed an FAQ that California Employers have regarding COVID-19.
June 28, 2020
Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how a job description can affect litigation.
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.
June 16, 2020
Mike Hanlon, Steve Millman, and Austin Dieter discuss the NLRB's decision in Bethany College.
June 10, 2020
Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.
June 01, 2020
Jeremy Glenn and Julie Trester wrote an article discussing how the COVID-19 pandemic could impact employee rights.
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.
May 21, 2020
Austin Dieter and John Ho discuss OSHA's most recent guidance on when employers need to record COVID-19 illnesses.
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.
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.
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.
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.
April 24, 2020
Di Addy Tang, Elena Hillman, and Austin Dieter discuss what employers need to consider before implementing temperature screenings of employees.
April 24, 2020
Cozen O'Connor Labor and Employment attorneys addressed how employers should plan returning to work post-coronavirus.
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.
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.
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.
April 08, 2020
John Ho and Peter Ennis describe whether employers should report, under federal or state law, an employee who has tested positive.
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.
April 06, 2020
Shaina Hicks and Mike Hanlon detail three changes the NLRB made to the representation case procedures.
April 03, 2020
Matthew Clyde explains how the CARES Act may impact individual retirement accounts.
April 02, 2020
Nandini Sane and Tina Syring summarize employers' obligations and benefits under the FFCRA.
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.
March 30, 2020
Tina Syring discusses Minnesota's stay-at-home order and its impact on employers.
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.
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.
March 23, 2020
Susan Eisenberg and Jennifer Williams wrote about the challenges that the hospitality and lodging industry are facing with COVID-19.
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.
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.
March 19, 2020
Aaron Holt answers employers' questions regarding the Families First Coronavirus Response Act.
March 17, 2020
Peter Ennis and Michael Hanlon answer the questions employers should be asking as the workforce moves to telecommute.
March 16, 2020
David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.
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.
March 13, 2020
David Barron and Debra Friedman answer employers' frequently asked questions when it comes to the coronavirus.
March 13, 2020
Aaron Holt wrote an article discussing the action that employers should take with coronavirus within the workplace.
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.
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.
February 20, 2020
Mariah L. Passarelli discusses the Third Circuit's decision and what employers need to do next.
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.
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.
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.
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.
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.
December 16, 2019
Susan Eisenberg wrote about the dos and don'ts for employers to keep employees safe during holiday parties.
December 03, 2019
Joe Quinn discusses the fate of the increase to the salary test for EAP exemptions and the minimum wage in Pennsylvania.
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.
November 22, 2019
Joseph Sirbak wrote an article about the phrase "OK, boomer" and the legal consequences behind saying it.
October 30, 2019
Michael Schmidt discussed how employers can control an office party to avoid legal pitfalls.
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.
October 17, 2019
Barry Kearney discusses the Board's commonsense analysis of what kind of employee conduct the rule it is attempting to regulate.
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.
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.
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.
October 01, 2019
David Barron wrote about the boundaries employers should set when they celebrate Halloween at work.
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.
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.
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.
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.
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.
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.
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.
August 30, 2019
Jake Rubinstein wrote about the Sixth Circuit's recent decision in Hendrickson USA v. National Labor Relations Board.
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.
August 16, 2019
Adam Gutmann and Anna Wermuth discuss what employers should do to comply with the new Illinois Cannabis Regulation and Tax Act.
August 08, 2019
John Ho examines updates to employee exposure limits.
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.
July 17, 2019
Barry Kearney discusses the NLRB overturning nearly four decades of precedent.
July 17, 2019
Anne Greene wrote an article about three types of benefit plan documents that are often pushed to the back of the file box without review and sometimes altogether forgotten.
July 17, 2019
Mariah Passarelli wrote an article about the challenges that employers face with the Family and Medical Leave Act.
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.
June 26, 2019
Aaron Holt wrote about the steps employers must consider as they prepare for hurricane season and any natural or unforeseen disaster.
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.
June 01, 2019
Bethany Salvatore and Bryant Andrews wrote about conducting criminal background checks during the hiring process.
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.
May 02, 2019
Kelly Kindig discusses the six factors the DOL considers when determining if a worker is an employee.
April 26, 2019
Jeff Pasek discussed a frequently asked question about the Americans with Disabilities Act.
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.
April 18, 2019
Barry Kearney discusses the NLRB decision to overrule Galloway School Lines and its Ridgewood Health Care Center, Inc., ruling.
April 17, 2019
Julie Trester wrote about her personal experience helping lead the asylum victory of a young Mexican mother and her children.
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.
April 01, 2019
David Barron wrote about the two disturbing trends that employers find themselves confronting.
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.
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.
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.
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).
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.
March 06, 2019
Velika Nespor and Frances Rayer discuss USCIS's automatic extension of TPS status until January 2, 2020.
February 22, 2019
Scott Bettridge discussed the importance of local businesses in South Florida making immigration compliance a top priority.
February 11, 2019
John Ho discusses the final rule rescinding the requirement for establishments with 250 or more employees to electronically file information from OSHA Forms 300 and 301.
February 05, 2019
Barry Kearney discusses the NLRB's returned to the traditional common-law test for determining independent contractor status in the workplace.
January 23, 2019
Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Recruiter about how employers can take action to prevent and minimize the impact of disgruntled workers, and it all begins with the recruiting process.
January 22, 2019
Barry Kearney discusses how the NLRB under Trump is defining concerted activity.
January 17, 2019
George Voegele and Ben Shechtman discuss a New Jersey court's dismissal of plaintiff’s claims of disability discrimination, failure to accommodate, and retaliation and what this could mean for other states including Pennsylvania, Arizona, Delaware, Massachusetts, Minnesota, and Connecticut.
January 01, 2019
Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Business Woman about how to create an internship program.
December 18, 2018
Christopher Hennessy, a member in the firm's Chicago office, and Jeremy Glenn, the Chicago office managing partner, co-authored an article in Law360 about new laws in 2019 that will impact Illinois employers.
December 06, 2018
Mariah Passarelli, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Law360 discussing the top 10 pitfalls of health care employers pertaining to the ADA, the MMA, and the crossroads between these two complicated statutes.
November 20, 2018
Mariah Passarelli, a member of Cozen O'Connor's Labor & Employment department, wrote an article for the Pittsburgh Human Resources Association on the crossroads facing the ADA and the Pennsylvania Medical Marijuana Act.
November 20, 2018
Brian Balonick, Tiffany Jenca, and Bryant Andrews, all of Cozen O'Connor's Labor & Employment department, wrote an article for the Pittsburgh Human Resources Association about the FLSA and the Pennsylvania Minimum Wage Act.
November 02, 2018
Jake Rubinstein discusses the split between the Sixth and Tenth Circuits with regard to whether federal law permits discrimination against transgender employees and the DOJ's brief filed with the Supreme Court.
October 29, 2018
The New Jersey Paid Sick Leave Law, which was signed into law on May 2, 2018 and takes effect today, allows employees to accrue one hour of earned sick leave for every thirty hours worked, up to forty hours each year.
October 23, 2018
David Barron, a member of Cozen O'Connor's Labor & Employment department, wrote in The Ladders about how Halloween office parties could turn into legal trouble.
October 03, 2018
Joseph Quinn discusses the new notice requirements for employers that went into effect this month.
September 18, 2018
Craig Schloss, Jason Barsanti, Helen McFarland, and Aimee Axelrod Parker discuss California’s Property Service Workers Protection Act which applies to “any person or entity that employs at least one employee and one or more covered workers and that enters into contracts, subcontracts, or franchise arrangements to provide janitorial services.”
September 17, 2018
David Barron and Aaron Holt answers common questions HR professionals have following a hurricane or other natural disaster.
September 11, 2018
Christopher Hennessy, a member of the firm's Commercial Litigation Department, and Jeremy Glenn, a member of the firm's Labor & Employment Department, co-authored an article in Law360 Expert Analysis regarding restrictive covenants.
September 04, 2018
Jeff Pasek discusses the Third Circuit's decision in Cup v. Ampco that states, notwithstanding an agreement letter between the parties referencing such benefits, companies are not required to arbitrate the union’s claim for retiree health care benefits.
August 29, 2018
Jeffrey I. Pasek discusses New York City and state's higher requirements on employers than those required by federal law.
August 28, 2018
Jeff Pasek and John Ho discuss how the decision in Angelica Textile may impact manufacturers, particularly those businesses with multiple locations.
August 07, 2018
Aaron Holt warns employers responding to accommodation requests for a reduced schedule or remote employment that physical presence requirements cannot be assumed to be an essential function of a position. Instead, employers must be able to articulate specific, essential tasks for a position that cannot be completed remotely prior to denying such an accommodation request.
July 11, 2018
Joe Quinn and Ben Shechtman discuss the Third Circuit's ruling in Minarsky v. Susquehanna County et al., and how employers should respond with regular training related to their anti-harassment policies and specifically address the issues of non-retaliation and fear of coming forward.
June 29, 2018
George Voegele discusses Pennsylvania Governor Wolf’s Executive Order that raises the minimum wage for employees of the Commonwealth and its agencies, as well as for employees of certain government contractors and lessors of Commonwealth property.
June 27, 2018
Michael Hanlon, Lauren Fox, and Benjamin Shechtman discuss the U.S. Supreme Court's decision to overrule Abood; public employers with unionized workplaces may no longer deduct state-mandated agency or fair share fees from employees.
June 20, 2018
Bobbi Britton Tucker discusses the court's decision in Marie Gillispie v. Regionalcare Hospital Partners, Inc., and how the court rules that the EMTALA’s whistleblower provision protects employees who inform personnel in a covered facility of an alleged EMTALA violation, even though the employee does not also inform any governmental or regulatory agency.
June 12, 2018
Barry Kearney discusses the Robb memorandum, which provides guidance with regard to the recently decided Boeing case.
May 29, 2018
Joseph Quinn discusses the U.S. Supreme Court decision in Epic Systems Corp. v. Lewis affirming the enforceability of arbitration agreements that prohibit collective actions.
May 08, 2018
Ben Shechtman discusses two important pieces of legislation recently enacted in New Jersey that meaningfully alter the legal landscape for employers.
April 30, 2018
Susan Eisenberg, a member of Cozen O'Connor's Labor & Employment department, wrote in the Daily Business Review about the Fair Labor Standards Act (FLSA) in the hospitality industry.
April 12, 2018
David Hacket and Anna Will Kentz discuss the Pennsylvania Supreme Court's decision in Bailets v. Pa. Turnpike Comm’n and how it will impact Pennsylvania employers who receive public funds.
April 02, 2018
John Ho, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Bloomberg Law discussing the checklist to complete to be classified as an exempt executive, administrative professional, computer, or highly compensated employee.
March 27, 2018
Aaron Holt answers frequently asked questions about the paid sick leave ordinance that recently passed in Austin, Texas. The ordinance, which mandates paid sick leave for approximately 87,000 Austin workers, almost immediately came under fire from state legislators and business groups promising to repeal the law during the next legislative session in 2019.
February 23, 2018
John Ho, a member of Cozen O'Connor's Labor & Employment department, wrote an article for New York Law Journal about the U.S. Department of Labor's internship program.
January 18, 2018
Kate Ericsson, Jeff Pasek, and Jim Davis discuss the Wolf administration's proposal to raise the salary for exempt status from the federal minimum for salaried employees to nearly double that amount in incremental shifts over the next three years.
January 08, 2018
Sarah Kelly, Kate Ericsson and Rory Moore discuss a provision in the new Tax Act proposed by Senator Robert Menendez, (D-N.J.) that bars deductions for settlement payments, including attorney’s fees, related to sexual harassment or sexual abuse if the settlement payment is subject to a nondisclosure agreement.
January 01, 2018
David Barron, a member of Cozen O'Connor's Labor & Employment department, wrote in Law360 about three trends in 2018 that employers should fear.
December 20, 2017
Jason Barsanti, member and Aimee Axelrod Parker, counsel of Cozen O'Connor's Labor & Employment department wrote in California Lawyer about ten developments that will impact employers and employees in 2018.
December 15, 2017
Michael Schmidt, vice chair and Jennifer Queliz, an associate of Cozen O'Connor's Labor & Employment department wrote in New York Law Journal about New York's trend of enacting laws and regulations at both the state and local levels.
December 13, 2017
David Barron, a member of Cozen O'Connor's Labor & Employment department, answered the question of the week in the Law.com Newsletter for December 2017.
December 12, 2017
Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, wrote about the developments of employment law in 2017.