Litigation Blog

Now That Vaccine Distribution Has Begun, What Issues Do Employers Face?

Over the course of 2020, American employers have been diligently working to navigate through many workplace issues caused by COVID-19. With the pandemic’s end finally in sight thanks to the recent FDA approval of the Pfizer and ModernaCOVID-19 vaccines, those same employers now must start preparing for critical questions that come with the availability of a vaccine.

Can Employers Require Employee Vaccination?

Generally, private employers can mandate employee vaccination for the benefit of the business, other employees, or customers.[1] A private employer may have a duty to require vaccinations depending upon several factors, including employee/customer interaction, vulnerability of employees and customers, and the workplace environment. More »

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TRANSPORTATION LAW CLIENT ALERT: The Supreme Court’s Decision in New Prime v. Oliveira

Transportation companies frequently rely on independent contractor agreements with owner-operators to conduct many essential logistics operations. “Owner-operators” are self-employed and independently contract with large companies to haul goods across the country. This relationship can produce disputes between the owner-operator and transportation company. For example, when a load is not delivered on time or goods are damaged in the delivery process, transportation companies may seek to hold the owner-operator liable. In anticipation of these disputes, owner-operators almost routinely sign arbitration agreements as a part of their independent contractor agreements with transportation companies. However, when the issues between transportation companies and owner-operators pertain to wage and hour claims or other employment concerns, the recent Supreme Court decision in New Prime v Oliveira may have them changing course. More »

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EMAIL TAGS: Employment Litigation & Counseling, Transportation

EMPLOYMENT LAW CLIENT ALERT: Tenth Circuit Rules Failure to File Discrimination Claim with EEOC No Longer Jurisdictional Bar

In a surprising decision overturning 40 years of precedent, the Tenth Circuit recently ruled that a plaintiff’s failure to file a claim with the Equal Employment Opportunity Commission (“EEOC”) was not a jurisdictional bar to a federal court adjudicating an employment discrimination claim. Lincoln v BNSF Railway Company, --- F3d --- (10^th Cir. August 17, 2018). More »

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EMAIL TAGS: Discrimination, Harassment & Hostile Workplace Claims, Employment Litigation & Counseling

EMPLOYMENT LAW: Can Employers Really Take a Deep Breath in the Wake of Epic Systems Corp. v. Lewis?

Overview

Earlier this year, the Supreme Court of the United States upheld the enforceability of individualized arbitration agreements as a matter of law in Epic Systems Corp. v. Lewis. The decision left employers everywhere taking a collective and long-sought sigh of relief. But how protected are employers, really? More »

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EMAIL TAGS: Class Action, Employment Litigation & Counseling