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Employer Accountable for Employee Social Media

In the matter of MML Investors Services, LLC, an employee “ran rampant on his personal social media,” but the company is the one taking the rap for failure to supervise its employee. The company’s employees, as registered...more

“Paramour Preference” Is Not Sex Discrimination – Romantic Partner Chosen Over Subordinate

In Maner v. Dignity Health, No. 18-17159, 2021 U.S. App. LEXIS 24923, at *1 (9th Cir. Aug. 20, 2021), the Ninth Circuit joined the Second, Fourth, Fifth, Seventh, Eighth, Tenth, and Eleventh Circuits in rejecting “paramour...more

EEOC Turns Its Attention To A Few New Systemic Enforcement Areas

Every few years, the Equal Employment Opportunity Commission (“EEOC”) announces its “strategic enforcement plan,” providing employers a roadmap of areas where they can expect increased scrutiny from the agency. The EEOC’s...more

Employers Are Permitted To Require Employees To Get COVID Vaccines

On June 12, 2021, a federal judge ruled for the first time that an employer (a hospital) can mandate vaccines and terminate employees who do not get vaccinated absent an approved accommodation. A Texas judge dismissed Bridges...more

Job-Related Disability Inquiry Allowed After Classroom Panic Attack

A recent 10th Circuit decision exemplifies the types of inquiries an employer may make under the Americans with Disabilities Act (ADA) – ones which are “job-related and consistent with business necessity.” The ADA otherwise...more

Lawsuits Rolling In Against Employers Who Refused To Provide FFCRA Paid Sick Leave

The Families First Coronavirus Response Act (FFCRA) required employers to provide paid sick leave and expanded family and medical leave for reasons related to COVID-19. That mandate expired on December 31, 2020. The mandated...more

Independent Contractor Test Revised Under FLSA

As one of its first initiatives for the new year, the U.S. Department of Labor (DOL) published a Final Rule on January 7, 2021 to clarify whether a worker is an employee or an independent contractor under the Fair Labor...more

Cal/OSHA Requires California Employers To Immediately Implement COVID-19 Prevention Program And Recordkeeping

Effective immediately, Cal/OSHA’s emergency temporary standards (adopted November 30, 2020) require nearly all California employers to implement a COVID-19 Prevention Program or ensure its elements are included in an existing...more

Employers Take Note: New Colorado COVID-19 Requirements Effective November 20, 2020

Effective Friday, November 20, 2020, new COVID-19 requirements go into effect in Colorado. On November 17, 2020, Colorado issued new COVID-19 requirements for businesses and activities in the First Amended Public Health...more

Tracking Employee Hours In A Work From Home World

With employees continuing to work from home for the foreseeable future during the COVID-19 pandemic and beyond, keeping track of employees’ hours is a whole different ball game. Work schedules may not be as clearly defined...more

D.C. Refuses Workers’ Appeal For COVID-19 Emergency Safety Standard – And OSHA Agrees

On June 11, 2020, in the matter of In re: AFL-CIO, No. 19-1158 (D.C. Cir. June 11, 2020), the U.S. Court of Appeals for the D.C. Circuit upheld OSHA’s March 6, 2020 decision not to issue an emergency temporary standard...more

District Court Refuses To Hear Workers’ COVID Claims

As employees begin returning to work, the court’s decision in Rural Community Workers Alliance et al. v. Smithfield Foods Inc. et al., No. 5:20-cv-06063 (W.D. Mo. May 5, 2020) may influence whether courts hear claims about...more

Security Screenings At Work: When Is This Time Compensable?

In Aguilar et al. v. Management & Training Corp., 948 F.3d 1270 (10th Cir. 2020), the Tenth Circuit Court of Appeals ruled that the employer of a group of prison detention officers violated the Fair Labor Standards Act...more

Personal Journal May Be Protected Activity

In Fischer v. Sentry Ins. A Mutual Co., an employee kept a log of when she felt sexually harassed or discriminated against by her employer. The log went missing shortly before the company fired her. In her retaliation...more

State Law Overtime Calculation Prevails Over Established Federal Method

In November 2019, the Pennsylvania Supreme Court looked at the conflict between federal and state law concerning the calculation of overtime compensation for non-exempt salaried workers. The Court ruled that although federal...more

Policing Gender Stereotyping

A jury awarded a sergeant of the St. Louis County Police $19.9 million for his sexual orientation discrimination and retaliation claims in state court. Keith Wildhaber v. St. Louis County, Missouri, No. 17SL-CC00133 (Mo. Cir....more

Colorado “Bans The Box” For Private Employers On September 1, 2019

Effective September 1, 2019, the Colorado Chance to Compete Act (HB 19-1025) will “Ban the Box.” “Ban the box” refers to the checkbox on job applications where applicants must reveal if they have been convicted of a felony....more

OSHA Rescinds Large Portion Of Electronic Recordkeeping Rule, Issues Guidance On Silica, And Announces Adjusted Penalty Amounts

The Occupational Safety and Health Administration (“OSHA”) was busy this week. In a long-anticipated move, the Agency on Thursday announced its final rule rescinding a portion of its “Tracking of Workplace Injuries and...more

Get Your Story Straight!

An employer’s facts in an investigation did not match those it reported to the EEOC in response to the same allegations. The employer created its own factual discrepancy, and based on the discrepancy, the 7th Circuit reversed...more

Reminder: Electronic Submission Of 300A Forms Due To OSHA By July 1, 2018

Employers who had 250 or more employees at an establishment at any point during 2017, and who are required to keep OSHA injury and illness logs, are required to electronically submit their 2017 OSHA 300A Annual Summaries by...more

OSHA Considering Changes to Silica Rule

OSHA may soon make it easier for employers to comply with the agency’s Respirable Crystalline Silica in Construction Standard. The standard, which OSHA announced in 2016 and began to fully enforce last fall, seeks to protect...more

Breaking: D.C. Circuit Upholds Silica Standard

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard. ...more

OSHA Again Extends Electronic Submission Deadline

On December 18, 2017, OSHA announced that it will be accepting electronic submissions of OSHA 300A data through midnight on December 31, 2017. The previous deadline for those employers who are required to electronically...more

OSHA Extends Injury and Illness Reporting Deadline to December 15th

Just before the Thanksgiving holiday, OSHA announced another extension of the deadline for many employers to electronically report data from their 2016 OSHA 300A forms from this Friday, December 1st, to Friday, December...more

OSHA Set to Revise Electronic Reporting Rule

Several sources have reported that OSHA is moving forward to revise its “Improve Tracking of Workplace Injuries and Illnesses” rule which, as of now, will require many employers to electronically report data from their 2016...more

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