The Chartwell Chronicles: Case Law Update
Key Workforce Trends That Shaped 2022 - And What They Mean for 2023
#WorkforceWednesday: Labor Market Imbalance, Return to Work, OSHA Enforcement Guidance - Employment Law This Week®
To Be or Not To Be (an Employer)
Staffing Agency and Manufacturer Failed to Accommodate and Instead Fired Long-Term Temporary Worker With Kidney Condition, Agency Charged - BUFFALO, N.Y. - Remedy Intelligent Staffing, LLC, a California-based staffing...more
Owner Frequently Used Racial Slurs and Forced Out Manager Who Opposed Hiring Discrimination, Federal Agency Charges - BUFFALO, N.Y. - Staffing Solutions of WNY Inc., a Buffalo-based staffing company that places employees...more
Health Care Staffing Agency Fired Employee Following Request for Reasonable Accommodation, Federal Agency Charged - BALTIMORE - Dependable Health Services Inc., a health care staffing agency, will pay $38,000 and furnish...more
Company Agreed to Change its Practices and Compensate Victims of Policy Requiring Unlawful Pre-Offer Health Questionnaire - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, will create a class...more
Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more
On July 6, 2017, a three-judge panel of the United States Court of Appeals for the Tenth Circuit reiterated that physical attendance in the workplace is an essential function of most jobs and emphasized this is particularly...more
In Punt v. Kelly Services, the Tenth Circuit Court of Appeals unanimously held that a temporary employee’s request for an undetermined leave of absence was not a reasonable request for accommodation under the Americans with...more
Many businesses use temporary workers placed by staffing agencies. But who is responsible when a temporary worker requests a disability accommodation? The staffing agency and the business could both be responsible if they...more
Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers....more
Many companies engage staffing agencies to supply temporary, or even permanent, workers to support their operations. Such arrangements offer a variety of benefits, allowing employers to nimbly adjust the size of their...more
Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more
Staffing Agency Discriminated Against Latino Workers Who Were Recruited With Promise of Good Pay, Federal Agency Charges - BIRMINGHAM, Ala. - An Alabama temporary staffing firm violated federal law by subjecting Latino...more
On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more
Company Fired Temporary Agency Staff Member and Failed to Hire Her for Full-Time Position Because of Association With a Child With Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - New Mexico Orthopaedics...more
Equal Employment Opportunity Commission Chair Jenny R. Yang has issued a report on the EEOC’s Systemic Discrimination efforts over the last 10 years. The Report contains insights on the type of employer vulnerabilities the...more
Employee Not Hired Because of Illegal Inquiry About Medical Information, Federal Agency Charged - RALEIGH, N.C. - Two Hawk Employment Services, LLC, a Lumberton, N.C., temporary employment agency, will pay $30,000 and...more
Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, made unlawful pre-offer health...more
In today's economy, organizations are increasingly looking to nontraditional sources of labor, including use of leased, outsourced, and other staffing arrangements that involve individuals who may not be on the organization's...more
On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more
Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more
Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more
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
International Recycling Company and Staffing Agency Refused to Assign Employee With Hearing Loss, Federal Agency Charges - NASHVILLE, Tenn. - An international electronics recycling company and a local staffing agency...more
Staffing Agency Refused to Hire Qualified Applicant because He Is HIV-Positive, Federal Agency Said - PITTSBURGH -- Maxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care...more
At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment...more