You may recall that the Pregnant Works Fairness Act (PWFA) is modeled after the Americans with Disabilities Act and we blogged about the coming changes here. Given that the effective date is June 27, we’re back with an update...more
4/11/2023
/ Americans with Disabilities Act (ADA) ,
Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Title VII
Can you have an employment policy that is clearly based on gender? What if it doesn’t affect an “ultimate employment decision,” such as hiring, firing, promoting, granting leave or compensation? Last year, we told you about a...more
If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company.
During World War II, the Army included Smucker’s apple butter in its...more
3/21/2023
/ Americans with Disabilities Act (ADA) ,
Class Action ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
First Amendment ,
Free Exercise Clause ,
GINA ,
Religious Accommodation ,
Religious Exemption ,
Smuckers ,
Title VII ,
Vaccinations
The United States Department of Labor recently issued Field Assistance Bulletin No. 2023-1 (FAB), which provides guidance to agency officials on a number of telework issues. The FAB addresses (1) paying workers who telework...more
Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more
2/21/2023
/ Absenteeism ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Failure to Notify ,
Hiring & Firing ,
Termination
Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more
2/16/2023
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Dog-Friendly Workplace ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Healthcare ,
Hospitals ,
Nursing Homes ,
Reasonable Accommodation ,
Service Animals
Do you have to pay an employee on military leave? Generally, you only have to pay for military leave if you pay employees on “comparable” leaves. So what is a comparable leave? In Clarkson v. Alaska Airlines, Inc., the Ninth...more
2/15/2023
/ Corporate Counsel ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Military Leave ,
Military Service Members ,
USERRA ,
Wage and Hour
If an employer hires undocumented workers, are they covered under the U.S. employment laws? Initially, employers must complete Form I-9s for all new employees and cannot hire workers who are unable to establish that they’re...more
2/2/2023
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Deportation ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Form I-9 ,
Immigration Procedures ,
Labor Regulations ,
New Guidance ,
Regulatory Agenda ,
Title VII ,
Undocumented Immigrants
Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for what employers expect...more
Your job descriptions may be more important than you think, and what better time to review and update them than the start of the new year? In this blog, we discuss why job descriptions are important and the things to consider...more
Non-compete clauses in employment agreements have been the source of much controversy over the years. Employers want them to protect their human capital and to prevent competitors from stealing their valued employees....more
For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more
Do you have pregnant employees, employees returning from parental leave, or employees who have had a child or children in the last two years? Recent updates to two laws may impact accommodations you provide pregnant and...more
The new year is here and brings a number of states with new pay transparency requirements for employers, some of which impact job postings. Proponents believe these laws will level the playing field, allowing all candidates...more
1/12/2023
/ Employees ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Job Ads ,
New Legislation ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Employment attorneys and employers are well aware that noncompete and nonsolicitation agreements have been under continued scrutiny by states across the country. While the laws vary from state to state, generally, restrictive...more
1/6/2023
/ Competition ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
FTC Act ,
Independent Contractors ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
U.S. Treasury
We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more
12/22/2022
/ Americans with Disabilities Act (ADA) ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Leave of Absence ,
Reasonable Accommodation ,
Remote Working
On December 13, President Biden signed the Respect for Marriage Act, which passed the Senate and House with bipartisan support. Many see the bill as a reaction to a concurrence in the Supreme Court’s decision in Dobbs v....more
12/16/2022
/ Bostock v Clayton County Georgia ,
Constitutional Challenges ,
Diversity ,
Dobbs v. Jackson Women’s Health Organization ,
Employees ,
Employer Liability Issues ,
Joe Biden ,
LGBTQ ,
Marriage ,
New Legislation ,
State and Local Government ,
Title VII
If you have or want enforceable non-compete agreements with employees, read on.
Here’s a hypothetical: You are looking to hire a salesperson, and you find just the right person, John. Your company has a great...more
Workplace hair discrimination is a topic that has floated through the media for the past several years. To prohibit discrimination, California has implemented the “Creating a Respectful and Open World for Natural Hair (CROWN)...more
This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more
11/23/2022
/ Bureau of Labor Statistics ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Pay Equity Laws ,
Posting Requirements ,
Safe Harbors ,
State and Local Government ,
Unemployment ,
Vaccinations ,
Wage and Hour
A familiar sight behind the scenes at many employers is the mandatory publication that describes employee rights and remedies under various federal statutes. The EEOC has a new version of the poster entitled “Know Your...more
No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right?
Originally published by Law360 -...more
If you were just getting comfortable with the DOL’s final rule on employee versus independent contractor status (which took effect on March 8, 2021), there is bad news… or maybe good news. The DOL announced on October 11,...more
If you are considering using video cameras or other surveillance in your workplace, state law might have something to say about it. There are many reasons you might want to use video cameras in your workplace – employee...more
In a post-pandemic world, work-from-home and hybrid work arrangements have become the norm in many industries. While employers and employees have become adept at hosting Zoom and Teams meetings, this significant uptick in...more