News & Analysis as of

Reasonable Accommodation The United States Department of Labor

Employer’s Guide to Navigating Mother Nature’s Fury – Avoiding Liability in the Wake of the Bomb Cyclone 2018

From the buried streets caused by last week’s “Bomb Cyclone,” to our lasting memories and ramifications of Hurricanes Harvey and Irma, we are reminded that mother nature’s fury packs a punch nationwide. Beyond employer...more

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

Employment Law - November 2017 #2

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability - Why it matters - Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Department of Labor Releases New Pregnancy Discrimination Poster

by Shipman & Goodwin LLP on

Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017. In that post, I mentioned a new notice that was required to comply with the law....more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

July 2017: The Top 12 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,...more

Employment Law Navigator – Week in Review: July 2017 #4

by Zelle LLP on

Last week, HR Dive reported on a Washington federal court’s June order requiring that a public employer pay $1.8 million to a terminated employee. The worker was fired when she failed a drug test due to her lawful use of...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

What Employers Can Expect From The Trump Administration

by Franczek Radelet P.C. on

Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more

Employment Newsletter - Fall 2016

by Reminger Co., LPA on

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

by Franczek Radelet P.C. on

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

Workplace Policy Institute Insider Report — July 2016

by Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The July edition of the Insider Report includes a discussion of...more

Employment Law Navigator – Week in Review: June 2016 #4

by Zelle LLP on

Last week, a television reporter filed a lawsuit against her former employer alleging that she was discriminated against because she is white. The reporter was terminated following a post on her employer’s Facebook post that...more

Final Gender Discrimination Rule for Federal Contractors Issued

by Morgan Lewis on

Federal contractor healthcare plans, leave policies, accommodation practices, gender identity protections, and other employment practices to face increased scrutiny. For the first time in more than 40 years, the US...more

OFCCP’s New Sex Discrimination Regulations Bring Few New Requirements But Highlight Need for Contractors to Revisit Policies and...

On June 14, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) unveiled its final sex discrimination guidelines governing covered federal contractors. The OFCCP proposed changes to...more

OFCCP Issues Revised Sex Discrimination Rules

On Tuesday, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) finalized revisions to its sex discrimination rules, bringing them in line with current Title VII jurisprudence. The current rules...more

DOL Issues New Sex Discrimination Rules for Federal Contractors

by Ballard Spahr LLP on

For the first time in more than four decades, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has revised sex discrimination regulations for federal contractors and subcontractors....more

Employment Law Navigator – Week in Review: June 2016

by Zelle LLP on

Last week, Kris Dunn of Fist Full of Talent offered some sage advice about sexual harassment training. He recommended using real world examples and creating debate about what is and isn’t sexual harassment. This advice was...more

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Can You Fire An Employee Who Has Exhausted FMLA Leave?

by Shipman & Goodwin LLP on

An employee of yours goes out on medical leave. Suppose that you only have to abide by the federal FMLA law. After 12 weeks, the employee is still out. Can you simply fire the employee?...more

Who Was Naughty, And Who Was Nice In Employment Law This Year

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

Employment Law Commentary - Volume 27, Issue 11, November 2015

by Morrison & Foerster LLP on

Annual California Roundup - Another year and another round of legislative updates. California’s legislature continues to provide a rich source of law. This year the highlights include equal pay legislation, expanded...more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Fenwick Employment Brief

by Fenwick & West LLP on

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

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