While an increasing number of employers have issued mandates or announced their intentions in recent months to require their remote employees to return to the office, it’s safe to assume that some employees may continue to...more
With the recent filing of federal criminal charges against an employer, immigration enforcement actions have escalated to a new level. Leonardo Baez and Alicia Avila-Guel have owned and operated Abby’s Bakery and Dulce’s...more
The Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take up to 12 weeks of unpaid, protected leave during a 12-month period for absences resulting from covered family or medical...more
Employers are not required to pay non-exempt employees for the time they spend commuting between their home and work to begin their workday or after ending their workday. However, travel time during the workday is often...more
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their...more
Administering and policing Family and Medical Leave Act requests means reviewing medical reports submitted by employees in support of their absences. When something looks fishy about an FMLA medical certification, the...more
Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete...more
There is no federal workplace violence prevention standard, and Occupational Safety and Health Administration regulations do not expressly address workplace violence. Yet, when a convenience store employee was shot during a...more
In earlier articles titled “FTC announces nationwide ban on noncompetes in the workplace” and “FTC’s ban on noncompete agreements halted … sort of”, we reported on the Federal Trade Commission’s efforts to invalidate...more
In a July 8 article titled “FTC’s ban on noncompete agreements halted … sort of,” we reported that a Texas federal court had stayed the enforceability of the Federal Trade Commission’s final rule implementing a nationwide ban...more
Earlier this spring, in an article titled “FTC announces nationwide ban on noncompetes in the workplace,” we alerted employers to the Federal Trade Commission’s approval of a final rule implementing a nationwide ban on...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
Some employers may designate employees for on-call status, requiring them to be available to respond to after-hours service needs or emergencies. A recent Tenth Circuit Court of Appeals decision, which applies to employers in...more
A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more
When the Occupational Health and Safety Administration (OSHA) decides to conduct an inspection of a workplace, the “walkaround rule” regulation currently permits employees to designate a representative to accompany the...more
A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more
Many factors come into play when employers set work hours for employees, including such things as operational requirements or customers’ needs. On occasion, though, employees may request that their employers modify their work...more
Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more
When an employee suffering from a health condition comes to you with a proposed job modification to accommodate their condition, by all means consider the accommodation they have requested. But remember: an employer can offer...more
The Americans with Disabilities Act requires employers to consider and offer reasonable accommodations to disabled employees, so long as the accommodation does not impose an undue hardship upon the employer’s operations....more
Sometimes music at work can be a welcome diversion. But not all songs favored by employees come from “The Sound of Music.” An employer’s obligation to keep its workplace free from harassment includes paying attention to what...more
Typically, harassment claims involve allegations that an individual has been harassed by a co-worker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against...more
With increasing numbers of employees working remotely, employers can sometimes lose sight of the fact that a remote worker may be eligible for leave under the Family and Medical Leave Act (FMLA). A Bulletin issued in February...more
Oklahoma and Arkansas medical marijuana laws -
Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state medical marijuana license permitting them...more
With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes that the presence of a bona fide service animal in the workplace can be a...more
For some employees, getting their work computer up, running, and ready to perform each day is a complicated and time-consuming process. When should an employer pay for that daily process?...more