Do you typically include a “no rehire” clause in your settlements with soon to be former employees? How about agreements with other companies that you will not “poach” each other’s employees? If your answer to either of those...more
The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data...more
An Equal Pay Act plaintiff must show that employees of the opposite sex were paid different wages for equal work. Pretty simple — right? However, there are many factors that go into deciding what is “equal work” or whether...more
On March 2, 2021, President Biden announced that there will be enough COVID-19 vaccines for “every adult” in the United States by the end of May 2021. Given the current lack of vaccine availability, this announcement signals...more
An unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk.
Identifying the Potential Problem -
The...more
As you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least for a while longer). One widespread change is the use of videoconferencing, including in the medical...more
1/21/2021
/ Certifications ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Employees ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
New Guidance ,
Telemedicine ,
Videoconference
2020 is in the rearview mirror. Whew! Unfortunately, COVID-19 is not gone and certainly not forgotten. The latest hot topic has been what to do with employees who think they should get paid leave for COVID-19 reasons that...more
1/5/2021
/ Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Deadlines ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
New Legislation ,
Paid Leave ,
Paid Sick Leave ,
Tax Credits
Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the...more
12/18/2020
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour
Just when you thought you had the rules down for when and how long an employee has to quarantine, the CDC changes the rules. Or has it? In its guidance, When You Can Be Around Others After You Had or Likely Had COVID-19...more
Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more
11/25/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Gender Identity ,
Joint Employers ,
NLRB ,
Popular ,
Screening Procedures ,
Sexual Orientation Discrimination ,
Vaccinations ,
Workplace Harassment Guidance
Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Alabama.
This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination,...more
11/10/2020
/ Age Discrimination ,
Employees ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equal Pay ,
Gun Laws ,
Immigration ,
Independent Contractors ,
Misclassification ,
Restrictive Covenants ,
State and Local Government ,
Unions ,
Wiretapping ,
Workers Compensation Act
Everyone is talking about voting options — absentee ballots, early voting, and, of course, the traditional going to the polls on election day. With the presidential election on November 3, you may be thinking about giving...more
Months of working from home have made at least one thing clear – the “Freshman 15” has nothing on the COVID-19. Boredom, stress, and ease of access to the refrigerator has caused many employees to trade in their suits for...more
Your former employee sues you, but your employee-plaintiff filed for bankruptcy. You diligently research the bankruptcy filings and discover the employee did not disclose the lawsuit against you in those filings, which are...more
In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle.
EEOC Issues Opioid Accommodation Guidance -
While employers have...more
9/22/2020
/ Ban the Box ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Governor Cooper ,
Governor Kemp ,
Governor Lee ,
Health Care Providers ,
Lactation Accommodation ,
Medication-Assisted Treatment (MAT) ,
Opioid ,
OSHA ,
State and Local Government ,
State Legislatures ,
Substance Abuse ,
Written Notice
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer...more
As states begin to ease COVID-19 restrictions and individuals start to determine their own levels of acceptable risk, employers face yet another set of issues related to getting employees back to work. After many of you...more