In a clear response to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) issued by the Biden Administration, Iowa, Tennessee, Utah, and Florida recently have joined the...more
The Iowa Supreme Court has ruled that Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions. Other aspects of the ordinance, however,...more
Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific...more
Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more
3/17/2021
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Disability ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Seasonal Workers ,
Summary Judgment ,
Supervisors ,
Wage and Hour ,
Workplace Safety
The year 2020 is finally behind us! We might not be able to breathe a sigh of relief just yet but the beginning of a new year is still a good time to pause and review your labor and employment law compliance for the year. ...more
A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed...more
Addressing a matter of first impression, the Iowa Supreme Court determined that “when a civil cause of action is provided by the legislature in the same statute that creates the public policy to be enforced, the civil cause...more
Nebraska’s legal history on the enforceability of non-compete agreements is usually a surprise for employers who view Nebraska as pro-business. Nebraska courts routinely invalidate employee non-compete agreements that...more