How far does an employer’s judgment about essential functions take you? In Larry Tate v. Thomas Dart, the Seventh Circuit examined an employee’s claim that his employer’s refusal to promote him because it could not...more
Employment lawyers always win war story contests at cocktail parties. Facts like the ones in Davis v. ULP provide ample fodder for those type of conversations.
Performance Problems or Age Discrimination?
The...more
Next week on November 8, voters will head to the polls around the country for our midterm elections for the U.S. House, certain Senate seats, governorships, and other elected offices. And while voters are headed to the polls,...more
A familiar sight behind the scenes at many employers is the mandatory publication that describes employee rights and remedies under various federal statutes. The EEOC has a new version of the poster entitled “Know Your...more
No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right?
Originally published by Law360 -...more
If you were just getting comfortable with the DOL’s final rule on employee versus independent contractor status (which took effect on March 8, 2021), there is bad news… or maybe good news. The DOL announced on October 11,...more
In Glacier Northwest, Inc. v. Int’l Brotherhood of Teamsters Local Union 174, the Washington Supreme Court addressed the issue of whether a union is responsible for property damage incident to a strike. How does that issue...more
If you are considering using video cameras or other surveillance in your workplace, state law might have something to say about it. There are many reasons you might want to use video cameras in your workplace – employee...more
Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may...more
In a post-pandemic world, work-from-home and hybrid work arrangements have become the norm in many industries. While employers and employees have become adept at hosting Zoom and Teams meetings, this significant uptick in...more
Can a social media firestorm be the basis for an employment decision? Although it may seem like a lifetime ago, in the spring of 2020, the internet’s attention turned to a viral video of a white woman in Central Park who...more
A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia...more
9/22/2022
/ Adverse Employment Action ,
Discipline ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Over-Time ,
Protected Concerted Activity ,
Protests ,
Remand ,
Unfair Labor Practices ,
Unions
Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act...more
It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more
9/1/2022
/ Adverse Employment Action ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals. In Constellium Rolled Products v. NLRB, the employer’s...more
An employer establishes a weekend work policy where only male employees can take both days off, and female employees can only take one weekend day off. Sounds like gender discrimination maybe? Well, in Hamilton, et al. v....more
Paid leave benefits are a hot topic these days. The Congressional Research Service (CRS) has issued an updated report on states that have Paid Family and Medical Leave (PFML) programs and how they work....more
Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on...more
If a letter from the EEOC is in your virtual mailbox but you never open it, have you received it? Most of us are familiar with the requirement that a claimant who files an EEOC charge has 90 days to file a lawsuit after...more
California is complicated for employers — and a recent case, Viking River Cruises, Inc. v. Moriana, is just one more example. The Private Attorneys General Act of 2004 (PAGA) authorized California employees to sue employers...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
State Labor Laws
Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more...more
If you have an arbitration agreement, do you have to compel arbitration when the lawsuit is filed or can you wait awhile? This week, the Supreme Court concluded that a party litigating in federal court cannot later compel...more
The EEOC first issued enforcement guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities in May 2007. Given that the EEOC issued some new guidance regarding pandemic-related caregiver...more
The Department of Labor (DOL) recently proposed new federal regulations regarding how minimum wages will be calculated for federal construction projects. DOL’s new proposal will add to the cost of performing these projects....more
For the past three years, Mississippi remained the only state in the country that did not have a bill prohibiting pay discrimination based on gender. This all changed on April 20, 2022, when Mississippi Gov. Tate Reeves...more
5/16/2022
/ Employees ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Governor Reeves ,
Legislative Agendas ,
New Legislation ,
Pay Equity Laws ,
State and Local Government ,
State Labor Laws ,
Wage and Hour