News & Analysis as of September 23, 2024

Hiring & Firing › Workplace Injury

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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 -

[Event] Marijuana in the Workplace - March 20th, West Chester Township, OH

Bricker Graydon LLP on 3/6/2024

How have the rules changed since Ohio legalized recreational marijuana? Can you still drug test? Can you test for reasonable suspicion? What if someone gets hurt at work? What if they test positive but say it’s because they...more

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

Fisher Phillips on 8/28/2023

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Carlton Fields on 5/24/2023

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

New Appeals Court Decision Limits Employers’ Ability to Fight Temporary Total Disability Following Termination

Dinsmore & Shohl LLP on 3/17/2023

In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause....more

[Hybrid Event] What Employers Need to Prepare for in 2023 - October 12th, 9:00 am - 11:30 am ET

Foster Swift Collins & Smith on 10/10/2022

There is a lot that employers need to prepare and plan for in 2023. Join us at our Fall 2022 Labor & Employment Law Update which will discuss major issues and developments that your company needs to address now...more

Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/18/2022

In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful...more

From Contractor to Conflict: Independent Contractors and On-the-Job Injuries

Butler Snow LLP on 4/27/2022

With the proliferation of mobile applications providing ride-share, third-party food delivery, and even same-day handyman services has come a national conversation about the use of independent contractors to carry out core...more

The Top 18 Workplace Law Stories from March 2022

Fisher Phillips on 4/7/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Lights, Camera, Legal Action: Avoiding Employment Pitfalls in the Film and Studio Industry

Arnall Golden Gregory LLP on 2/17/2022

In the wake of the deadly Rust tragedy last year, independent studios and production companies began revisiting their practices, policies, and attitudes regarding safety on set....more

Littler Global Guide - Germany - Q4 2021

Littler on 2/1/2022

Infection Protection Act Amended - New Legislation Enacted - According to the amendments to the Infection Protection Act, which came into force on November 24, 2021, and apply until March 19, 2022, employers and employees...more

2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022

Verrill on 12/10/2021

Join Verrill attorneys Elizabeth Connellan Smith, Douglas P. Currier, Emily Coombs Waddell, Richard G. Moon, and Robert C. Brooks as they sum up the year's trends in labor & employment and suggest tips for how to be prepared...more

NJ Workers’ Comp Law Requires Employers to Give Hiring Preference To Previously Injured Employees

Morgan Lewis on 10/11/2021

New Jersey Governor Phil Murphy signed into law Bill A-2617/S-2998, an amendment to the New Jersey Workers’ Compensation Law that will require employers to provide a “hiring preference” to any employee who has reached maximum...more

New Jersey Workers' Compensation: Senate Bill 2998 Update

Weber Gallagher Simpson Stapleton Fires &... on 6/25/2021

As reported on June 2, 2021, the New Jersey State Senate was to vote on S 2998, which would have given a worker who sustained a work-related injury a hiring preference once they have reached maximum medical improvement. The...more

[Webinar] Lehigh Valley Labor & Employment Seminar - May 26th, 9:00 am - 12:00 pm EDT

White and Williams LLP on 5/25/2021

Presenters will provide recent legal developments, trends and cases that impact workplace practices and operations; issues related to Covid will be incorporated throughout the presentations. Programming will be presented in...more

Employer Gets Whacked On Workers' Comp, FMLA Overlap

Constangy, Brooks, Smith & Prophete, LLP on 4/9/2021

Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

‘Cause We’re Still Living – At Appropriate Distance – in a World of Fools (Spanning the Globe Because You Still Can’t)

Littler on 4/2/2021

WARNING: this article is intended for immature audiences. Hopefully, that light at the end of the tunnel is not the on-coming 5:15 from New Haven. While we’ve been fortunate to have continued working safely and responsibly...more

Tax Court Reiterates the Proper Tax Treatment of “Physical Injuries” in Employment Cases

Littler on 2/10/2021

In Stassi v. Commissioner, the United States Tax Court found that a settlement was not excludable from income as a personal physical injury because the taxpayer failed to demonstrate that her shingles was caused by her...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

Rhode Island Court Upholds Termination of Medical Marijuana User for Refusing a Reasonable Suspicion Drug Test

Seyfarth Shaw LLP on 6/5/2020

Seyfarth Synopsis: On May 29, 2020, the Rhode Island Supreme Court affirmed dismissal of an employee’s lawsuit against his former employer after it terminated him for refusing to submit to a reasonable suspicion drug test,...more

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

Burr & Forman on 6/2/2020

On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

Sixth Circuit Rejects Chain-of-Events Theory of Causation in Whistleblower Cases

Morgan Lewis - Up & Atom on 5/15/2020

The US Court of Appeals for the Sixth Circuit’s recent favorable decision in Lemon v. Norfolk Southern Railway Corporation, announced its rejection of the chain-of-events theory of causation in whistleblower cases. In doing...more

Workers' Compensation Academy: Pennsylvania COVID-19 Update: Layoff or Furlough from Light Duty as a Result of COVID-19

Weber Gallagher Simpson Stapleton Fires &... on 4/21/2020

Weber Gallagher Workers’ Compensation Partners David Greene and Jeffrey Seyfried discuss how COVID-19 is affecting employers who have to layoff or furlough workers from light-duty and if you have to reinstate total disability...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

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

Littler on 3/4/2020

In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, No. 18-2888 (8th Cir. Jan. 30, 2020), a case under the Federal Railroad Safety Act (FRSA), the Eighth Circuit reasserted that claimants must prove...more

In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues

Ward and Smith, P.A. on 2/10/2020

Hammertime Security is a nationwide cybersecurity firm whose in-house counsel faces a slew of tricky legal problems: - Managers posting unprofessional content on social media - Employees publicly complaining about...more

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Hiring & Firing › Workplace Injury

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