Earlier this week, the National Labor Relations Board (NLRB) continued its reversal of decisions reached during the Trump administration, reinstating prior precedents. This time, the Board reversed two decisions that limited...more
Last month, the Equal Employment Opportunity Commission (EEOC) held a hearing on the increasing use of artificial intelligence for the purpose of making hiring and other employment decisions. In the employment context, AI...more
During the height of the COVID-19 pandemic, employers were understandably concerned that regardless of the measures taken to prevent workplace infections, employees could still place co-workers and third parties in...more
When we talk with clients about their businesses these days, the universal complaint we receive from every type of company is the difficulty they continue to have in attracting and retaining qualified workers. Ever...more
Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more
“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more
In recent years, a number of states have passed laws prohibiting prospective employers from asking applicants about their salaries in their current jobs or overall salary history. However, these laws may not restrict...more
Recently we had an employer ask about how to react to an employee who adamantly refused to sign its standard disciplinary warning form. The employee had been counseled regarding deteriorating work performance but took issue...more
Here’s one of the most common scenarios our employment lawyers face: An employee with marginal to poor performance goes out of work on FMLA leave (often prompted by stress or anxiety relating to review of their performance)....more
The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more
As more employers are considering (or being legally required to consider) implementing COVID-19 vaccination mandates, they should also consider if and how to ask job applicants about their vaccination status. The federal...more
Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more
6/25/2021
/ Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Retaliation ,
Section 7 ,
Unions ,
Wrongful Termination
In the U.S. Supreme Court’s 2002 Barnett decision, the court held that qualified disabled employees are entitled to reassignment to an existing vacant position under the Americans with Disabilities Act if they become unable...more
According to U.S. Department of Justice statistics, Black men in the U.S. are more likely to be arrested and have criminal convictions on their records than their white counterparts. Last week, a split Second Circuit Court of...more
9/28/2020
/ Appeals ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Records ,
Dismissals ,
Disparate Treatment ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination
The U.S. Supreme Court’s landmark Bostock decision earlier this week confirmed that Title VII’s prohibitions against discrimination in employment based on sex apply to claims alleging bias due to sexual orientation or gender...more
6/22/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
As with most federal labor laws, employers cannot retaliate against employees who complain about wage payment violations under the Fair Labor Standards Act. What happens, however, when a prospective employee claims that they...more
Under the federal Fair Credit Reporting Act (FCRA), applicants or employees undergoing background checks must be given notice of their rights prior to the check being run, and they must provide advance consent to the search....more
In a well-publicized incident in 2017, Google terminated an employee who circulated a memorandum opposing the company’s diversity program. The employee claimed that innate differences between the sexes made females less...more
When looking for reasons to explain the persistent salary gap between male and female employees, worker advocates have focused on initial pay negotiations during the hiring process. If new female employees’ salaries are set...more
According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more
Under North Carolina statute, employees who leave work for a reason other than good cause attributable to the employer are not eligible to receive unemployment benefits. Last month, the North Carolina Court of Appeals...more
U-Haul International drew widespread commentary and some criticism for its recent announcement that it will no longer hire applicants that use tobacco products. The company justified the move on the basis that it encourages...more
The Americans with Disabilities Act prohibits discrimination in employment against persons who are disabled, as well as those regarded as disabled. Last week, the Seventh Circuit Court of Appeals joined other federal courts...more
The Americans with Disabilities Act not only provides protections for disabled persons but also those “regarded as” having a disability, even if they are healthy. On September 12, the Eleventh Circuit Court of Appeals (which...more
Under N.C. Gen. Stat. § 96-14.6, individuals are disqualified from receiving unemployment benefits if they are discharged due to misconduct associated with the work. On September 3, the North Carolina Court of Appeals issued...more