As part of the backlash against employer-mandated COVID-19 vaccinations, Montana amended its antidiscrimination law to add vaccination status as a protected category. This means that employers are prohibited from inquiring or...more
Following a "cause" finding in an Equal Employment Opportunity Commission charge of discrimination investigation, the agency issues a right to sue letter to the charging party or agrees to sue the employer on that person’s...more
Unless blocked by federal courts, on January 1 the minimum salary required to claim the white-collar exemptions from the Fair Labor Standards Act’s overtime provisions increases to $1,128 per week, or $58,656 annually....more
This week, the U.S. Supreme Court rejected a petition requesting review of a Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) decision that set a low bar for plaintiffs to plead...more
The new Supreme Court term has just begun, and already the justices have agreed to hear a case with implications for employers across the United States. Ames v. Ohio Department of Youth Services involves a heterosexual...more
Several times a year, we get questions from employers involving payroll errors. In some situations, the company or its payroll service double pays an employee for a pay period. In others, the wrong employee receives a direct...more
Last week, California Governor Gavin Newsome signed two bills into law that affect California employers' discretion with regard to employees and applicants for employment. The first law seeks to prohibit so-called "captive...more
10/4/2024
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Governor Newsom ,
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New Legislation ,
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Unions
When considering accommodations requested by an employee due to a disability, employers sometimes fail to think through the long-term effects of such changes. In many cases, the accommodation request is permanent, meaning...more
When reading case law involving litigation over Americans with Disabilities Act claims, one could be convinced that the workplace is a constant battleground between employees seeking excessive accommodations and employers...more
For many employers, the intermittent leave provisions of the Family and Medical Leave Act pose the most difficult issues for providing leave entitlement while accomplishing necessary work tasks. Many companies are familiar...more
We recently had a client forward a note from a professional counselor sent on behalf of an employee. The note said that the employee had been diagnosed with anxiety and depression, and that it would help if the employer...more
Federal courts are facing an increasing number of lawsuits from employees claiming that their rights were violated when they were required to attend diversity, equity, and inclusion (DEI) training. These suits have used...more
Employers have been following legal challenges to the U.S. Department of Labor’s second round of increases to the minimum salary that must be paid to meet the requirements of the Fair Labor Standards Act’s white collar...more
9/20/2024
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Minimum Salary ,
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Salaried Employees ,
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Wage and Hour ,
White-Collar Exemptions
The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more
We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more
Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more
During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more
With the election quickly approaching, we are already receiving questions from employers involving concerns over arguments and disruptions in the workplace resulting from political disagreements. We hoped that the contentious...more
The Federal Trade Commission recently posted a notice on its website acknowledging that the federal court injunction issued in Texas will prevent implementation for now of its final regulations restricting use of...more
On August 30, the federal Occupational Safety and Health Administration issued its long-anticipated proposed regulation requiring affected employers to plan for and address heat exposure risks in the workplace. The proposed...more
In 2008, Congress amended the Americans with Disabilities Act to expand the definition of medical conditions that qualify for protections under that statute. The amendments resulted from a number of federal court decisions...more
The vast majority of citations issued by the Occupational Safety and Health Administration involve accidents or negligent behavior that result in injury or illness resulting from inanimate objects, hazardous materials, or...more
In the wake of the U.S. Supreme Court’s rejection of its Chevron deference precedent, federal courts have begun to grapple with administrative agencies’ discretion to issue regulations implementing less than precise...more
North Carolina is an at-will employment state, but recognizes a limited exception from that rule for terminations that violate the state’s public policy. Courts have wrestled for years over the meaning of public policy and...more
A significant number of employers are opting to elect mandatory arbitration of potential disputes with employees as an alternative to state or federal courts. In some circumstances, arbitration can be quicker than litigation,...more