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Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

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

New Virginia Law Prohibits Noncompete Agreements With Non-Exempt Employees

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

President Trump Signs Order Ending Government Disparate Impact Investigations

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

How to Handle a Deceased Employee's Final Pay

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

Should Employers Discipline Workers for Suspected Marijuana Use Without a Drug Test?

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

What EEOC Guidance Says About Temporary Staffing Agencies Sharing Employee Medical Information With Clients

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

Can Part-Time Employees Qualify for FLSA Overtime Exemptions?

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

Wyoming Is the Latest State to Ban Employment Non-Competes

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

Legal Considerations for Employers Contemplating Layoffs to Comply With Advance Notice Requirements

In recent weeks, we have fielded a growing number of questions from employers contemplating layoffs due to economic uncertainty surrounding their businesses. ...more

Disabled Employee Who Can Perform Job Still Entitled to Accommodations

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

Employer Liable for Unpaid Breaks Where Deduction Policy Was Never Clearly Explained

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

Seventh Circuit Says Non-Disabled Employee Entitled to Back Pay for Unlawful Medical Exam

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

When Does an Employee's Anxiety Trigger ADA Accommodation Obligations?

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

North Carolina Bill Would Prohibit DEI Practices for Range of Employers

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

Settling OSHA Citations Requires Consideration of Multiple Factors

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

Inclusion of Caste in EEO Policy Did Not Violate Employees' Constitutional Rights

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

Supreme Court Will Not Review Challenge to Overtime Exemption Rules

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

Supreme Court Rejects Challenge to McDonnell Douglas Discrimination Claims Analysis

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

Could EEOC Cuts Result in More Discrimination Lawsuits?

As President Donald Trump’s efforts to downsize the federal government continue, the Equal Employment Opportunity Commission (EEOC) appears to be one agency that has avoided mass layoffs — at least for now. ...more

Reminder: Employers in North Carolina Must Give Advance Notice of One Pay Period for Salary Decreases

In several recent situations, we discovered that North Carolina employers implemented cuts in employee pay due to demotions or other business reasons without complying with state law notice requirements. ...more

Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

The Americans with Disabilities Act prohibits employers from asking most applicants questions about their medical history before a conditional offer of employment is made....more

FTC's Scrutiny of Unfair Labor Competition Includes Non-Competes

While the Trump administration appears to have little interest in defending the Federal Trade Commission’s regulatory ban on non-competition agreements in employment, the agency recently signaled its intent to scrutinize at...more

Eleventh Circuit Reverses Dismissal of Challenge to PWFA Abortion Rules

Last week, an Eighth Circuit Court of Appeals panel reversed a district court’s dismissal of a lawsuit filed by red state attorneys general challenging the Equal Employment Opportunity Commission’s inclusion of abortion among...more

Will States Step Into Void Left by Federal Labor Agencies?

Nature supposedly abhors a vacuum, but does this principle apply to workplace discrimination, worker safety, and other areas of employment and labor law?...more

Fifth Circuit Declines Reconsideration of FLSA Salary Rule Decision

Last year in a rare victory for the Department of Labor, the Fifth Circuit Court of Appeals rejected a claim by a Dairy Queen franchisee that the Fair Labor Standards Act prohibits DOL from establishing any minimum salary for...more

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