Author: Mark Schickman, Schickman Law

9 Tips for Conducting Wage and Hour Checkups

We visit the doctor and the optometrist once a year and our dentists at least twice a year. Why? We attend the appointments not because they’re necessarily fun but because they’re vital for maintaining good health and wellness. They provide assurance that if things aren’t so good, we have the chance to correct course. All […]

Companies Report Rise in Labor and Employment Class Actions

Aggressive regulatory action and an increase in workplace safety claims, including many related to the COVID-19 pandemic, have fueled a rise in labor and employment (L&E) collective claims, including “follow-on” class actions, according to Carlton Fields’ 2022 class action survey. 

U.S. Supreme Court Says Airline Supervisor Is Exempt from the Federal Arbitration Act

Voluntary arbitration agreements involving federal law are enforced under the Federal Arbitration Act (FAA). Section 1 of the FAA exempts certain classes of workers, however, from the enforcement of arbitration. The U.S. Supreme Court recently resolved a federal circuit court split over whether employees who load cargo for the transportation of goods are engaged in […]

Failure to Accommodate Autistic Worker Ends with Settlement of EEOC Disability Lawsuit

The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with or without a reasonable accommodation. Once an employee discloses the need for a reasonable accommodation, […]

Steps to Take Before Installing Video Surveillance at Work

Question:         We plan to install security cameras in the production area of our nonunion food packaging facility because of an increase in damaged product and safety incidents. Can we post signs at all entrances stating surveillance cameras are in use, or do we need to have each employee sign a waiver? Answer:   Generally, you may monitor […]

Back to the Salt Mines: Not a Veiled Antiunion Threat

President Joe Biden has made clear he intends to be “the most pro-union president you’ve ever seen.” The National Labor Relations Board’s (NLRB) recent initiatives under the direction of General Counsel (GC) Jennifer Abruzzo are definitely in line with the administration’s pro-union regulatory agenda. Abruzzo has recently targeted what employers may communicate regarding unionization. What […]

SCOTUS Abortion Ruling Raises Complex Policy Problems for Employers

A number of high-profile companies are speaking out against the U.S. Supreme Court’s (SCOTUS) decision overruling Roe v. Wade, and they are backing up their criticism by vowing to help employees wishing to travel for legal abortions. But employers taking such action may face tricky legal issues.