We have all faced situations where a manager, coworker, or client calls or emails seeking a response outside of normal work hours. While most of us view these interruptions as an unavoidable result of technological progress,...more
Last Friday, the federal Occupational Safety and Health Administration issued final rules changing the way the agency conducts safety and health inspections. Under the current rule, employees are allowed to have a union...more
When reviewing requests for accommodation from sick or injured workers, employers often focus on whether the requested accommodation is reasonable or whether it imposes an undue hardship on the company. ...more
In most situations, medical treatment for workplace injuries is fairly straightforward. Workers' compensation statutes require coverage for procedures necessary to treat and correct injuries or illnesses that occurred at the...more
The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more
3/29/2024
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
Home Health Care ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Retaliation ,
Termination
On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more
Last week, a federal district court judge in Texas struck down the National Labor Relations Board’s joint employer rule. That rule significantly expands the definition of joint employers, making a company subject to NLRB...more
Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more
On Monday, a unanimous panel of the Eleventh Circuit Court of Appeals refused to reverse an injunction barring enforcement of portions of Florida’s Individual Freedom Act. The law in question would bar employers from...more
When we talk with employers about employees taking Family and Medical Leave Act leave, we sometimes get questions about the impact of the employee’s absence on the business. We in turn explain that the FMLA is an entitlement,...more
Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more
3/1/2024
/ Contract Terms ,
Deadlines ,
Employer Liability Issues ,
Employment Contract ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notice Requirements ,
Private Right of Action ,
Restrictive Covenants ,
State Labor Laws ,
Statutory Violations ,
Unenforceable Contract Terms ,
Unfair or Deceptive Trade Practices ,
Void and Unenforceable
Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...more
When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more
2/23/2024
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Reasonable Accommodation ,
Remand ,
Reorganizations ,
Retaliation ,
Reversal ,
Risk Management ,
Summary Judgment ,
Termination
During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more
2/16/2024
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Litigation ,
Employment Policies ,
Essential Functions ,
Hiring & Firing ,
Reasonable Accommodation ,
Remote Working ,
Retaliation ,
Telecommuting
Last week in a unanimous opinion, the U.S. Supreme Court concluded that an employee who sued his former employer for retaliatory termination did not need to prove a retaliatory intent behind the decision. Murray v. UBS...more
2/16/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Intent ,
Murray v UBS Securities LLC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities Violations ,
UBS ,
Whistleblower Protection Policies ,
Whistleblowers
On Monday, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking that would replace the current patchwork of safety regulations covering firefighters and other first responders. OSHA...more
Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more
Some employers ask applicants about how much they made at a prior job in order to establish their compensation for the new position. A number of states have recently adopted legislation that prohibits or limits the ability of...more
In recent years, more workers have filed claims for unpaid overtime based on occupations that are potentially subject to specialized exemptions under the Fair Labor Standards Act. Some of this litigation involves the...more
Last month, we reported on the federal Occupational Safety and Health Administration’s expansion of its Severe Violator Enforcement Program (SVEP). SVEP designation marks employers for a higher number of safety inspections...more
We have become involved in an increasing number of disputes between companies and their former employees over ownership and use of personal social media accounts. In a typical situation, the employee will use their personal...more
Earlier this month, the U.S. Occupational Safety and Health Administration announced that maximum civil penalties for serious violations would increase from $15,625 to $16,131. The penalties for repeat or willful violations...more
As flu and other respiratory virus rates peak across the U.S., hospitals and other health care providers are responding by taking measures such as limiting patient visitors. For years, one element of this response has...more
When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more
1/19/2024
/ Administrative Law Judge (ALJ) ,
Appeals ,
Communication Workers of America ,
Complaint Procedures ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Grievance Process ,
NLRB ,
Remand ,
Special Committees ,
T-Mobile ,
Union Organizers ,
Union Representatives ,
Unions
When facing requests from a qualified disabled worker, the Americans with Disabilities Act allows employers to choose an effective accommodation, even if it is not the one preferred by the employee. Earlier this week, the...more