Latest Posts › Employer Liability Issues

Share:

PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

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

FMLA Case Demonstrates that Employees Cannot Use Protected Leave as a Shield Against Warranted Discipline, Even Discharge

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

Useful Road Map for Employers to Conduct Direct Threat Analysis Under the ADA

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

Guidance on Intersection Between ADA Workplace Accommodation and COVID Long-Haulers

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

Model Sexual Harassment Prevention Training Program Released for Illinois Employers

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

District Court Permits Walmart to "Rollback" Job Offer Because of Undue Hardship from a Religious Accommodation

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

New York State Prohibits Employee Discrimination Over Reproductive Health Decisions

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

State of Illinois Prohibits Employers from Using Salary History in Hiring Process

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 Risks and Rewards of Allowing Employees to Work During FMLA Leave

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

Lessons for Employers in the Case of a Former Google Software Engineer Fired for Violating Company Anti-Discrimination Policies

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

Labor & Employment Newsletter - February 2018

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

EEOC Seeks Public Input on Proposed Enforcement Guidance on Unlawful Harassment

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

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

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

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide