News & Analysis as of September 20, 2024

Hiring & Firing › Workplace Hazards

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

Dickinson Wright on 8/27/2024

Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

Fisher Phillips on 8/6/2024

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Return to Sender - OSHA Obtains Injunction Against Postal Service for Retaliatory Termination of Employees

Bricker Graydon LLP on 7/24/2024

On July 3, 2024, the Occupational Safety and Health Administration (OSHA) obtained an injunction against the United States Postal Service (USPS), protecting USPS employees from retaliation for reporting workplace injuries....more

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/14/2024

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on 12/19/2023

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Qatar’s Labor Reforms in Response to World Cup Criticism: 4 Lessons for Employers with Gulf Workforces

Fisher Phillips on 2/14/2023

The Qatar 2022 World Cup holds a special place in history as arguably one of the best tournaments of all time – but also one of its most controversial. Although the final game was a masterclass of what the “beautiful game”...more

Addressing Today’s Problem and Avoiding Tomorrow’s Tragedy: Employer Tactics for Responding to and Preventing Workplace Violence.

Frantz Ward LLP on 1/25/2023

On November 22, 2022, a Virginia Walmart employee reportedly opened fire in a staff break room, killing six co-workers and injuring several others. On January 23, 2023, a California mushroom farm employee shot and killed...more

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2022 Edition

Fisher Phillips on 9/9/2022

This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

New Oregon Labor and Employment Laws for 2022

Holland & Knight LLP on 1/10/2022

The Oregon Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more

Taking Your Foot Off The Gas Too Early Could Lead To COVID-19 Workplace Safety Lawsuits

Fisher Phillips on 4/14/2021

The recent stages of the coronavirus pandemic have been a rollercoaster, with many twists and turns along the way. One week brings promising news of decreased community spread, and the next week concerns of new variants and...more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on 8/21/2020

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Luxembourg Employers Face Additional Obligations During Heat Waves in the Midst of COVID-19

Epstein Becker & Green on 8/19/2020

On August 8, 2020, in response to local meteorology reports of expected temperatures of above 95°F, Luxembourg’s Ministry of Health announced a “red alert warning,” and implemented a Heat Wave Plan. The Heat Wave Plan (i)...more

A Refresher On Employing Minors During COVID-19: What Employers Need To Know

Fisher Phillips on 7/7/2020

Summer is here, and for many businesses, that traditionally means hiring minors. Workers under the age of 18 are an important part of the workforce in many industries, including service businesses such as fast-food joints,...more

Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

Seyfarth Shaw LLP on 3/5/2020

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more

Littler Global Guide - Denmark - Q3 2019

Littler on 10/23/2019

It is the assessment of the legislators that the injury concept had become too narrow in practice, since injuries not requiring treatment to heal, pass or be reduced cannot be recognized as “industrial injuries.” The new Act...more

Retail Employers Continue to Face a Myriad of Challenges in the Workplace - Take 5 Newsletter - July 2019

Epstein Becker & Green on 7/16/2019

This edition of Take 5 highlights compliance with cutting-edge issues—such as pay equity, workplace violence, and artificial intelligence (“AI”)—that have a significant impact on retailers. We also provide an update on...more

Cannabis and the Contractor: Effective Drug Testing Policy and Compliance

Bradley Arant Boult Cummings LLP on 1/10/2019

Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening...more

Hiring Minors in the Heat of the Summer: What Employers Need to Know

Fisher Phillips on 5/18/2018

Summertime is quickly approaching and 'tis the season for beach vacations, fun in the sun, and summer hires—many of which will be under the age of 18 years old. In anticipation of summer hires, employers may want to...more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on 9/8/2017

This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more

Addressing and Preventing Workplace Violence

Proskauer - Law and the Workplace on 9/3/2015

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Death Threats Lead To Employer's ADA Victory

Fisher Phillips on 9/1/2015

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

BakerHostetler on 8/27/2015

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

No Smoking = No Vaping?

Troutman Pepper on 12/5/2014

The days of lighting up at the office are making a comeback in some workplaces, thanks to the growing popularity of electronic cigarettes. According to the Centers for Disease Control, in 2013, one in five adult smokers...more

Court Rules That Walgreens Employee Who Fired Concealed Handgun At Armed Robbers Has No Claim For Wrongful Discharge

Laner Muchin, Ltd. on 7/14/2014

The U.S. Court of Appeals for the Sixth Circuit held that a former Walgreens employee who was discharged because he fired a concealed handgun at armed robbers has no claim for wrongful discharge in violation of public policy....more

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Hiring & Firing › Workplace Hazards

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