Liskow & Lewis

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In the most recent episode of my podcast (https://open.spotify.com/episode/2WmK1YxI8O9SOxeEnpqWNF?si=ibYbQMwHS4-sSjh0K60D9A) I discuss Amazon’s recent union organizing drive and what companies can do in a union organizing campaign. Why do companies and HR professionals need to educate themselves on union organizing? It is resurging under the Biden Administration.  This month Amazon won a union election at one of its warehouses (the results are still being challenged). This week President Biden signed an Executive Order on Worker Organizing and Empowerment. Yesterday, President Biden delivered an address to a joint session of Congress.  As a result of the Executive Order,…
Photo by Nadine Shaabana on Unsplash Many companies train employees on sexual harassment, but studies have shown that much of this training is ineffective and does not empower companies and employees to prevent harassment. The Equal Employment Opportunity Commission’s Select Task Force on the Study of Harassment in the Workplace issued a report in 2016 finding that some sexual harassment training even caused men to be more likely to blame both the harasser and the victim involved in a sexual harassment scenario. The EEOC’s study goes on to say that training often focused too much on legal standards and…
Photo by Glenn Carstens-Peters on Unsplash There is no company too small to have an employee handbook.  It provides the rules at any place of business, the expectations for various employees, and the rights that employees have at the company (like how much vacation employees get). A handbook eliminates the issue of employees being given different benefits and having to follow different rules (often based on what their manager makes up when a situation arises), which can lead to lawsuits for disparate treatment. When drafting a handbook it is especially important to carefully consider what policies the business must have.…
I’ve re-branded my podcast as Employment Law Problems. On the second episode of Work Law Problems,  second episode of Employment Law Problems, I discuss one of my favorite workplace topics: Workplace Investigations. Workplace investigations are one of the most critical steps to respond to any employment law or other workplace problem. Unfortunately, many companies are ill prepared to conduct an investigation or do so in a haphazard manner. In this episode, I review how companies can successfully conduct investigations in the workplace.  The first part of the episode covers what companies  should do before an investigation occurs including training managers, having a…
Photo by Masaaki Komori on Unsplash My last post linked to an article with five of the most common, and problematic, labor and employment law issues in bankruptcy. You can read last week’s article here. In a post on my firm’s blog, Michael Rubenstein, Randye Snyder, and I cover five additional labor and employment law concerns that companies must know and assess when they are undergoing bankruptcy. The covered topics include back wages, group health plans and COBRA, pension liability, trade secrets, and collective bargaining agreements. Filing for bankruptcy is a major deal and involves many different levels…
Photo by Tim Mossholder on Unsplash The next phase in the ever evolving COVID-19 and coronavirus crisis are the upcoming bankruptcies. This year was already shaping up to be an interesting year, but the coronavirus rapidly accelerated bankruptcy declarations. One article estimates that approximately 100,000 businesses have permanently closed and another article states that more than 57 million people have filed for unemployment since the crisis began. These numbers are hellacious, and the impact of the crisis is not over. In the world of oil and gas, there are a lot of companies with debt maturities coming due in 2020…
I am happy to introduce Work Law Problems, a podcast about employment law that I plan to run in conjunction with this site. Currently, the podcast is available on Spotify (and several other places where podcasts are found) and will likely be available on Apple Podcast within the next couple of weeks.  My goal with the podcast is to continue to build what I have been doing here on this blog: providing practical insights into labor and employment law.  In the first episode, I discuss Governor Abbott’s executive order GA-34, which ended Texas’s mask mandate. The podcast reviews what this…
Photo by John Schnobrich on Unsplash The Equal Employment Opportunity Commission has moved back the deadline to file the Employer Information Report EEO-1 (“EEO-1 Report”) to April 2021 for the 2019 and 2020 EEO-1 Component 1 Data Collection. In 2018, approximately 73,400 employers representing 56.1 million employees filed the mandatory report. Now is the time for companies to get the information for this report together, which leads to the inevitable question… What is the EEO-1 Report? The EEO-1 Report is a mandatory survey for employers that meet certain requirements. Employers that meet the requirements must submit data regarding…
It is a new year! Will this be a year when we overcome our struggles and defeat the coronavirus? Will we be living in some sort of Groundhog Day where 2021 looks a lot like 2020? Will it be a mixture of both? Unfortunately, Dr. Fauci said at the end of last year that we are probably looking at the end of spring to early fall for returning to normal  I believe that the timeline could be expanded further.  With that being said, here are my labor and employment predictions for 2021. One quick note, I am not including…
It is that time of the year again! The time to review my 2020 labor and employment law predictions from last year to see how well they did or did not hold up. This year’s predictions are a special kind of train wreck with how COVID-19 totally changed the outcome of many of all of these predictions. Below are my 2020 labor and employment law predictions and my review of them.  1. Minimum Wage Increases Will Occur in a Number of States and Ballot Initiatives Will Be Undertaken to Get Them on the Ballot in Additional States Florida, as I…