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Employment Law Update – Legal-mail no. 2017-16
Posted on Nov. 17, 2017

This is Legal-mail no. 2017-16 prepared for interested HR professionals trying to deal with the complex American employment laws.

CONTENTS: BACK TO THE BASICS IN HARASSMENT TRAINING- “KEEP YOUR HANDS AND FEET TO YOURSELF!”

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Employment Law Update – Legal-mail no. 2017-15
Posted on Nov. 2, 2017

This is Legal-mail no. 2017-15 prepared for many interested HR professionals as well as Salt Lake SHRM, the Human Resources Association of Central Utah (HRACU), the Northern Utah Human Resources Association (NUHRA), the Color Country Human Resources Association (CCHRA), the Bridgerland Society for Human Resource Management and Utah at-large members of the national Society for Human Resource Management (SHRM). 

CONTENTS:

 

-  UPDATE ON THE AFFORDABLE CARE ACT

-  ADA AND EXTENDED LEAVES OF ABSENCE

-  DENIAL OF TRANSFER MAY BE ADVERSE ACTION

-  EMPLOYER WINS CASE BY HR MANAGER FIRED FOR DATING SUBORDINATE

-  CHANGES COMING FOR CALIFORNIA EMPLOYERS

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Employment Law Update – Legal-mail no. 2017-14
Posted on Oct. 18, 2017

CONTENTSTHE HARVEY WEINSTEIN EDITION

 

-  HARVEY WEINSTEIN ALL OVER OUR NEWS FEEDS

-  THE HASHTAGS…#METOO AND #IHAVE

-  WHAT THE LAW SAYS

-  THERE ARE MANY FACES TO THE PROBLEM

-  EEOC REPORT QUESTIONS EMPLOYER ANTI-HARASSMENT EFFORTS

-  WHAT SHOULD AN EMPLOYER DO?

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Employment Law Update – Legal-mail no. 2017-13
Posted on Oct. 9, 2017

This is Legal-mail no. 2017-13 prepared for interested HR professionals trying to deal with the complex American employment laws.

CONTENTS:

 

-  FEDERAL AGENCIES TAKE OPPOSITE STANCES ON TRANSGENDER BIAS

-  EEOC/DOJ ALSO TAKE OPPOSITE VIEWS IN SEXUAL ORIENTATION DISPUTE

-  EMPLOYER UNDER SCRUTINY FOR AUTOMATIC LUNCH PAY DEDUCTIONS

-  SALARY HISTORY INQUIRY BANS ARE GROWING

-  RECENT HR LAWSUITS AND SETTLEMENTS

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Employment Law Update – Legal-mail no. 2017-12
Posted on Sep. 21, 2017

This is Legal-mail no. 2017-12 prepared for many interested HR professionals as well as Salt Lake SHRM, the Human Resources Association of Central Utah (HRACU), the Northern Utah Human Resources Association (NUHRA), the Color Country Human Resources Association (CCHRA), the Bridgerland Society for Human Resource Management and Utah at-large members of the national Society for Human Resource Management (SHRM). 

CONTENTS:

 

-  DOL OT SALARY INCREASE RULES OFFICIALLY DEAD

-  EEOC SUES STAFFING AGENCY OVER PRE-OFFER MEDICAL INQUIRIES

-  EEOC TO USE PRIOR VERSION OF EEO-1 FOR 2017

-  CONGRESS LOOKS TO REQUIRE THAT ALL EMPLOYERS USE E-VERIFY

-  SOME BIG SETTLEMENTS IN EMPLOYMENT CASES

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Employment Law Update - Legal-mail no. 2017-11
Posted on Aug. 21, 2017

This is Legal-mail no. 2017-11 prepared for interested HR professionals trying to deal with the complex American employment laws. 

CONTENTS: 

-  EEOC NOT CHANGING MUCH UNDER TRUMP SO FAR

-  EEOC SUES FOR FAILURE TO OFFER TELECOMMUTING IN SMELLS CASE

-  COMPANIES PAY OVER id="mce_marker"0 MILLION TO SETTLE EEOC CLAIMS

-  REMINDER ABOUT IMPORTANCE OF GOOD JOB DESCRIPTIONS

-  EMPLOYERS AND THE ECLIPSE

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Employment Law Update 2017-10
Posted on Aug. 3, 2017

This is Legal-mail no. 2017-10 prepared for interested HR professionals trying to deal with the complex American employment laws. 

CONTENTS:

-  REPEAL? REPAIR? REPLACE? NOT FOR NOW.

-  EEOC/DOJ TAKE OPPOSITE VIEWS IN SEXUAL ORIENTATION DISPUTE

-  DOL SURVEY ON OVERTIME RULES ASKS SOME INTERESTING QUESTIONS

-  TO FIRE OR NOT TO FIRE?

-  EMPLOYERS SHOULD READ EEOC HARASSMENT RISK FACTOR CHARTS

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Employment Law Update 2017-9
Posted on Jul. 18, 2017

This is Legal-mail no. 2017-9 prepared for interested HR professionals trying to deal with the complex American employment laws. 

CONTENTS: 

-  REPEAL? REPAIR? REPLACE? WHO KNOWS?

-  NEW I-9 FORM AND HANDBOOK

-  DOL OT SALARY INCREASE RULES LIKELY DEAD

-  LAWSUIT ALLEGES PATERNAL LEAVE DISCRIMINATION

-  COURT ALLOWS LAWSUIT BY FIRED MEDICAL MARIJUANA USER

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Employment Law Update 2017-8
Posted on Jun. 14, 2017

This is Legal-mail no. 2017-8 prepared for interested HR professionals trying to deal with the complex American employment laws.

CONTENTS:

-  LOTS OF ADA FACILITY LAWSUITS IN UTAH

-  INACCESSIBLE WEBSITES A PROBLEM UNDER ADA

-  DOL STILL LOOKING AT OT REGULATION SALARY INCREASE

-  DOL REVOKES EXPANSIVE EMPLOYEE AND JOINT EMPLOYER DEFINITIONS

-  EMPLOYMENT LAW WOES AT UBER

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Employment Law Update 2017-7
Posted on Jun. 5, 2017

This is Legal-mail no. 2017-7 prepared for interested HR professionals trying to deal with the complex American employment laws.

CONTENTS:

-  MISTAKES MANAGERS MAKE

-  REPEAL? REPLACE? WHO KNOWS?

-  FEDERAL PAID PARENTAL LEAVE IN TRUMP BUDGET

-  OSHA DELAYS FEDERAL E-RECORDKEEPING RULE DEADLINE

-  COURT SAYS PART-TIME WORK IS NOT A REQUIRED ACCOMMODATION

-  FAILURE TO USE PROGRESSIVE DISCIPLINE LETS LAWSUIT CONTINUE

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Author

mikeAttorney Michael
Patrick O'Brien

Mike O’Brien is an experienced and accomplished employment attorney, media lawyer and courtroom litigator.  He is active in SHRM and has received the highest possible reviews from rating services like Martindale - Hubbell (AV rating), Chambers USA, Utah Business Legal Elite, Best Lawyers in America, Who’s Who Legal USA, and SuperLawyers.  HR Executive Online has named him as one of America’s most powerful 100 employment lawyers, but keep in mind, this does not mean he is good at moving heavy furniture.

Awards and Recognition

OBrienAV

OBrien Best

Chambers 2011 Attorney

Super Lawyers
Michael Patrick O'Brien
 

Best Lawyers In America, “Salt Lake City Best Lawyers Employment Law Lawyer Of The Year,” 2011-2012

Best Lawyers In America, First Amendment Law, Labor And Employment Law, 2005-2012

Chambers USA, Labor & Employment, 2003-2011

Employment Lawyer Of The Year, Utah State Bar, 2001

Human Resources Executive, Nation’s Most Powerful Employment Lawyers In America, 2010

Mountain States Super Lawyers, 2007-2012

Utah Business Magazine, Legal Elite, Labor And Employment, 2006-2012