Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more
The series of tornadoes that ripped through parts of the county last month serves as a potent reminder to employers: having a disaster plan and preparedness training is important....more
Enforcement begins soon of New York City’s new executive order requiring certain indoor establishments to verify that staff and patrons have received at least one dose of the COVID-19 vaccine before entering the...more
9/8/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Entertainment Venues ,
Essential Workers ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Resorts & Restaurants ,
Vaccinations ,
Workplace Safety
Pay equity will be a focus of the Biden Administration, as was made clear in the White House Proclamation on Equal Pay Day last week. But states are not waiting on the federal government to act; several are moving forward...more
4/2/2021
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found...more
Even before COVID-19 hit the United States, state and local governments were busy passing paid family and/or sick leave laws. Unlike the federal, state, and local leave laws which were enacted in response to COVID-19, these...more
The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida,...more
Workers who complain in a group setting will no longer be presumed to be engaged in “protected concerted activity” under the National Labor Relations Act based on a new decision issued last month....more
Hoping that declaring bankruptcy will stay a discrimination or retaliation lawsuit against you brought by the U.S. Equal Employment Opportunity Commission (the “EEOC”) on behalf of a current or former employee? Think again....more
The Supreme Court has declared that mandatory union dues for public employees are unlawful, overturning 40 years of precedent. In Janus v. American Federation of State, County, and Municipal Employees, the Court ruled that...more
7/10/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more
2/22/2018
/ Administrative Procedure Act ,
Ban the Box ,
Civil Rights Act ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Motion To Enjoin ,
Title VII
With a growing number of states and cities implementing paid sick leave statutes, employers with PTO policies may be wondering whether it still makes sense to bundle different types of time off – sick, personal, and vacation...more
Still think only moms are the primary caregivers for children? That ’50s era mindset is the subject of an ACLU charge of discrimination recently filed with the EEOC claiming that JPMorgan Chase’s parental leave policy...more
8/1/2017
/ American Civil Liberties Union (ACLU) ,
Class Action ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Financial Institutions ,
Gender Discrimination ,
JPMorgan Chase ,
Paid Leave ,
Parental Leave ,
Pregnancy ,
Wage and Hour
Employers may think the concept of joint employer being pushed by the National Labor Relations Board (NLRB) is overly broad, but a recent decision by a federal appellate court in Richmond, Virginia adopts the most expansive...more