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Written by: Jacqueline Voronov, Esq. The National Labor Relations Board (NLRB) wants to increase potential liability for employers by changing the standard for when two employers that do business together are considered to be joint employers and, thus, liable for the other’s unfair labor practices.  The potential for extending labor law obligations across companies is a major concern in the franchising industry and for companies that source labor through

In a Forbes article about how employee background checks can help companies avoid a crisis, Columbus-based Partner Mariel Smith advises business leaders to consult a legal professional to ensure compliance with applicable laws and regulations: “It is very important for employers and HR professionals to consult an employment attorney if they have any questions regarding the types of convictions and/or the age of the convictions when making a

In a Forbes article about the impact of global trucking protests on major companies including Ford and General Motors who have curtailed manufacturing due to supply chain disruptions and worker unrest, Atlanta-based Partner Sean Cox said the protests point to more systemic issues: “For business leaders, the protests are an inflection point of a long-standing obstacle. However, motor carriers, large and small, have been successfully navigating the shortage

DENVER, Jan. 10, 2022 – Hall Booth Smith, P.C. announced today the opening of a Denver office with the addition of 17 attorneys and 18 staff members from Nixon Shefrin Ogburn Drew, P.C., a leading litigation defense firm in central Colorado. The combination is part of Hall Booth Smith’s continued westward expansion and marks its first presence in Colorado, adding to its current roster of approximately 300 attorneys

In a Reuters’ article examining a decision by Citigroup Inc. to terminate U.S. employees not vaccinated by January 14, 2022, Hall Booth Smith Partner Jacqueline Voronov said it is well within the company’s right to do so, citing the courts’ upholding of private employer mandates in a tidal wave of claims from staff refusing to have a shot. “A private employer is allowed to mandate its own policy.

Written by: Joseph A. Keane, Esq. On January 26, 2022, New York's expanded "whistleblower" law goes into effect.  The amendments to Section 740 of the New York Labor Law will increase the categories of covered workers protected by the statute,  add protected activities that entitle an employee to whistleblower protection, enhance worker protection by broadening the definition of prohibited retaliatory actions, and require a new workplace posting about the

Written by: Jacqueline Voronov, Esq. And the legal challenges to President Biden's vaccine mandate keep on coming… Missouri, Iowa and a coalition of eight (8) other states have filed a lawsuit against President Joe Biden and key administration officials over the CMS requirement that health care workers must be vaccinated against COVID-19 as a condition of doing business with Medicare or Medicaid. The nearly 60-page complaint, which can be found

In an update published by Forbes on November 4, 2021, Columbus Partner Mariel Smith discusses how the Occupational Health and Safety Administration’s (OSHA) vaccine rules could impact an employee’s unemployment benefits if they get fired. Subscribers to Forbes.com may read the complete article here.

Written by: Allison Averbuch, Esq. and Baylee Culverhouse, Esq. In July 2021, President Biden issued a comprehensive Executive Order to tackle “the most pressing competition problems” facing the country’s economy.[1] The Order includes 72 initiatives aimed at promoting competition—one of which encourages the Chair of the Federal Trade Commission (FTC) “to exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of

Written by: Allison Averbuch, Esq. In a speech on September 9, 2021, President Biden announced that his administration asked the Department of Labor to develop emergency rules requiring all employers with 100 or more employees to ensure their workforces are fully vaccinated against COVID-19 or show a negative test at least once a week. Some experts are questioning whether such rules would overstep DOL authority and lawsuits have been