Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections...more
The intersection between an employer's obligations under the Family & Medical Leave Act (FMLA) and its enforcement of performance standards sometimes feels fraught with fear. However, nothing in the FMLA prohibits an employer...more
Most employers are familiar with the Americans with Disabilities Act (ADA) and its requirement to provide reasonable accommodations to qualified individuals with disabilities. There is less certainty about the extent of this...more
Employees and employers now find themselves well into year two of a global pandemic. Unfortunately, some people who contract COVID-19 do not fully recover. Known as "COVID long-haulers," these individuals suffer from a range...more
According to the Illinois Workplace Transparency Act (IWTA), Illinois employers with at least one employee working in Illinois must provide annual sexual harassment training. Effective January 1, 2020, IWTA amended the...more
The U.S. District Court for the Western District of Wisconsin recently addressed an employer's responsibilities to accommodate an employee's religious beliefs. In EEOC v. Walmart Stores East, LP, the court examined whether...more
2/26/2020
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Duty to Accommodate ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Offers ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Undue Hardship
On November 8, 2019, Governor Andrew Cuomo expanded the list of protected categories under existing New York City Human Rights Law by signing the New York Reproductive Choice Law. Under this provision, employers are...more
On July 31, 2019, Illinois joined a growing list of state and local governments that have banned employers from using salary history in the hiring process. For those keeping count, there are now 18 state bans and 18 municipal...more
The Family & Medical Leave Act ("FMLA") grants employees leave in certain enumerated situations. The Fifth Circuit Court of Appeals recently held it also allows the employee and employer to strike an agreement that the...more
Earlier this week, an NLRB attorney issued an advice memo concluding that software giant Google did not violate Section 7 of the National Labor Relations Act ("NLRA"), when the company terminated software engineer James...more
There is no denying that technology—hardware and software—has greatly enhanced the workplace. But with this digital technology revolution come new risks of improper disclosure, lost data, exposure of trade secrets, potential...more
The EEOC issued Proposed Enforcement Guidance on Unlawful Harassment on January 10, 2017. It is designed to consolidate numerous agency guidelines into one document and addresses hostile work environment harassment prohibited...more
From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid...more