On November 7, 2013, the U.S. Senate passed the Employment Non-discrimination Act (“ENDA”) with a 64-32 vote. The bill would prohibit employers from discriminating against individuals based on the individual’s sexual orientation or gender identity, similar to the way Title VII of the Civil Rights Act of 1964 prohibits other types of discrimination. The bill […]
By December 1, 2013, OSHA is requiring employers to provide initial training to its employees on OSHA’s new Hazard Communication Standard. OSHA revised its Hazard Communication Standard (HCS) by adopting the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals. The final rule for the new HCS was published in the Federal Register on […]
Senate Majority Leader Harry Reid (D-Nev.) has announced that the U.S. Senate will vote on the Employment Non-Discrimination Act (“ENDA”) before the Thanksgiving recess, and perhaps as early as Monday, November 4th. The Employment Discrimination Act (S. 815) would prohibit employers from discriminating against individuals based on the individual’s sexual orientation or gender identity, just […]
On October 10, 2013, O’Neil, Cannon, Hollman, DeJong & Laing held its annual Continuing Legal Education seminar in Milwaukee, Wisconsin on a number of legal ethics issues of interest to in-house counsel. Chad Baruch of Texas, a recognized national speaker on legal issues, presented a lecture entitled “Back to the Beginning: Marberry v. Madison and […]
Earlier this month, the U.S. Court of Appeals for the Tenth Circuit found that the EEOC failed to establish a prima facie case of religious discrimination where the EEOC could not show that a prospective employee expressly informed the employer of a conflict between the applicant’s religious beliefs and the employer’s dress code and of […]
Generally, if an employee is required to change into work clothing as part of that employee’s job, the Fair Labor Standards Act (“FLSA”) requires an employer to pay the employee for the time it takes to do so. Section 203(o) of the FLSA, however, contains an exception to this general rule. The exception provides that […]
Arbitration is a procedure used in the resolution of legal disputes outside of the traditional court system. In arbitration, the parties agree to submit their disputes to one or more persons, known as “arbitrators” or an “arbitration panel.” An arbitrator is someone, usually a former judge or a lawyer with significant experience in an area […]
The Employment Law Practice Group at O’Neil, Cannon, Hollman, DeJong & Laing S.C. recently published an employment law blog in an effort to provide employers with the latest developments and meaningful insight into the ever-changing employment law landscape. Employment law is one of the most rapidly changing and developing areas of the law, which can […]
Recently, the Circuit Court of Appeals for the Ninth Circuit upheld the imposition of a $173,250.00 fine against a small drywall installation company for failure to maintain complete and accurate Employment Eligibility Verification Forms (“I-9 Form”). You can find the court’s decision at the following link: Ketchikan Drywall Services, Inc. v. Immigration and Customs Enforcement. The […]
Attorney Carl Holborn gave a presentation on “The Importance of Health Care Powers of Attorney” at a seminar organized by Hospice Alliance. The presentation involved case studies on legal controversies in the Karen Ann Quinlan, Natalie Cruzan, and Terri Schaivo cases. The presentation stressed the importance of having a Health Care Power of Attorney and […]
