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
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
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
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
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
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
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
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
An increasing number of employers are expressing interest in using biometric technology in the workplace. For example, a company concerned that employees are clocking one another in and out of work could implement retinal...more
One of the most frequent questions we receive involves employees who claim that they have been subjected to a "hostile work environment." Under federal civil rights laws, the term hostile work environment has a specific...more
In September 2022, the federal Occupational Safety and Health Administration issued a directive expanding the scope of its Severe Violator Enforcement Program (SVEP). SVEP singles out employers that OSHA concludes have...more
Employers subject to Occupational Safety and Health Administration (OSHA) inspections commonly believe that the investigators need to find something to cite to justify the time and resources spent on the investigation....more
Last week, a federal judge in Michigan ordered the U.S. Marshals Service to arrest and imprison a home healthcare agency owner who repeatedly defied a U.S. Department of Labor demand that she provide pay records as part of a...more
12/8/2023
/ Contempt ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Government Investigations ,
Home Health Agencies ,
Payroll Records ,
Prison ,
Subpoenas
A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more
11/6/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Polygraph Tests ,
Protected Class
In order to prevail in an Equal Pay Act claim, the plaintiff must demonstrate that she was paid less than a comparable male employee. When the two employees have distinctly different job duties and responsibilities,...more
With the end of warmer weather across much of the U.S., the number of OSHA complaints involving heat exposure will decrease until next year. While OSHA continues to report that it is working on a comprehensive heat stress...more
The Fair Labor Standards Act’s executive exemption applies to managers whose primary job function involves the supervision of two or more full time equivalents. In recent years, a large number of retailers, hospitality...more
Earlier this month, the Equal Employment Opportunity Commission (EEOC) issued a proposed guidance on workplace harassment. The EEOC intends the guidance to replace the current document that was issued in 1999....more
As with many federal labor laws, the Worker Adjustment and Retraining Notification (WARN) Act imposes obligations on employers. In most situations, the employer is the entity listed on the employees’ W-2. However, in some...more
As the U.S. becomes more politically divided, employers increasingly are forced to deal with political and social disputes among employees. Last week in Yelling v. St. Vincent’s Health System, the Eleventh Circuit Court of...more
In July, the federal Occupational Safety and Health Administration announced a National Emphasis Program (NEP) focusing on warehouse and distribution facilities. A NEP is an enforcement initiative put into place when OSHA...more