Last week, a federal district court in Texas granted summary judgment to the State of Texas in a lawsuit challenging portions of the Equal Employment Opportunity Commission’s workplace harassment guidance dealing with...more
Mistakes happen, even with sophisticated corporate payroll systems. This can involve duplicate wage payments, paying an employee for unpaid time away from work, or other genuine errors. ...more
5/23/2025
/ Compensation & Benefits ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Policies ,
Minimum Wage ,
Over-Time ,
Overpayment ,
Payroll Deductions ,
State Labor Laws ,
Wage and Hour
When an employee requests an accommodation under the Americans with Disabilities Act, this sets into motion an interactive process intended to determine whether the requested accommodation is both reasonable and effective....more
The federal Occupational Safety and Health Administration shows few signs of progress in finalizing proposed regulations intended to address risks associated with employee exposure to hot working conditions....more
When a commissioned salesperson leaves employment, the most common dispute we encounter involves that employee’s entitlement to payment of commissions after their departure date. ...more
In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more
Recently, we have seen an unusual spike in client situations involving legal claims associated with discipline or discharge of employees who engage in threatening or disruptive behavior in the workplace....more
Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more
5/2/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Reasonable Accommodation ,
Termination
Virginia Governor Glenn Youngkin recently signed legislation expanding the state’s limitations on the use of noncompetition agreements in employment. Currently, Virginia prohibits employers from entering into noncompetes with...more
5/2/2025
/ Employee Rights ,
Employer Responsibilities ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Exempt Employees ,
Popular ,
Regulatory Requirements ,
Restrictive Covenants ,
Risk Management ,
State Labor Laws
On Wednesday, President Donald Trump signed an executive order barring federal agencies from investigating or prosecuting employment discrimination using the disparate impact concept. Most discrimination claims allege that an...more
4/25/2025
/ Americans with Disabilities Act (ADA) ,
Disparate Impact ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Government Agencies ,
Government Investigations ,
Protected Class ,
Title VII ,
Trump Administration ,
Workplace Investigations
When an employee unexpectedly dies, the employer’s first instinct often is to take steps to assist his or her family, and to minimize any financial disruption associated with the death. While these goals are laudable,...more
4/18/2025
/ Beneficiaries ,
COBRA ,
Compensation & Benefits ,
Deceased ,
Employee Benefits ,
Employees ,
Employer Responsibilities ,
Federal Labor Laws ,
Payroll Deductions ,
State Labor Laws ,
Tax Liability ,
Wages
Drug testing for marijuana has never been an exact science. There is no consensus on what level of marijuana in the bloodstream constitutes intoxication. Unlike alcohol, employees who used marijuana weeks ago or longer can...more
Recently we had a client pose an interesting question about providing accommodations to disabled temporary workers. A temp agency referred a worker to its client, but advised the client that the worker had requested certain...more
4/18/2025
/ Americans with Disabilities Act (ADA) ,
Data Privacy ,
Data-Sharing ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Joint Employers ,
PHI ,
Privacy Laws ,
Reasonable Accommodation ,
Staffing Agencies ,
Temporary Employees
Sometimes a salaried exempt employee reduces their workload to part-time status. Does this change mean that the employer must reclassify that worker as non-exempt under the Fair Labor Standards Act? ...more
4/11/2025
/ Compensation & Benefits ,
Employee Benefits ,
Employee Rights ,
Employer Responsibilities ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Part-Time Employees ,
Salaried Employees
As of July 1, 2025, Wyoming joins a growing list of states that bar employers from entering into non-competition agreements with most workers. The new law voids existing and new non-competes, with exceptions for the sale of a...more
In recent weeks, we have fielded a growing number of questions from employers contemplating layoffs due to economic uncertainty surrounding their businesses. ...more
The Americans with Disabilities Act defines a protected qualified individual as one who can perform the essential functions of the job, with or without reasonable accommodations. ...more
The Fair Labor Standards Act allows employers to provide unpaid meal breaks to non-exempt employees if those breaks are of a sufficient length and if employees are relieved of their duties during such breaks....more
The Americans with Disabilities Act prohibits employers from requiring employee medical examinations absent business necessity. The ADA provides a back pay remedy for violations, but limits these damages to discrimination on...more
4/4/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Back Pay ,
Damages ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Medical Examinations
Most human resource professionals can attest to meeting with employees who state that they are struggling with anxiety issues that affect their work performance. ...more
Employers are fully aware of federal executive orders prohibiting the use of illegal diversity, equity, and inclusion (DEI) policies by federal agencies or federal contractors. State legislatures across the country have...more
After an employer has received a citation from the Occupational Safety and Health Administration, the informal conference process offers a path for potential settlement of the dispute. The informal conference can result in...more
In recent years, a number of colleges and universities have added caste to their list of prohibited classifications under their anti-discrimination policies. Two Hindu professors at a public California university filed suit,...more
On Monday, the U.S. Supreme Court declined review of a First Circuit Court of Appeals decision rejecting a facial challenge to the way the Department of Labor and federal courts determine exempt versus non-exempt duties under...more
Since 1973, federal courts reviewing claims of employment discrimination have used a framework first established by the U.S. Supreme Court’s McDonnell Douglas decision. Under this framework, plaintiffs must show a prima facie...more