“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more
Last month, the federal Occupational Safety and Health Administration (OSHA) announced a $330,000 penalty assessed against Family Dollar following the death of an employee involved in a shoplifting incident. OSHA...more
On July 12, the Equal Employment Opportunity Commission (EEOC) released an amended Technical Assistance Q&A on the interaction between COVID-19 response measures and federal civil rights laws. While the revisions address a...more
The employment law blogs have been filled over the past two years with discussions about mandatory COVID-19 testing. However, not many employers have attempted to require employees to have their family members tested for...more
The U.S. Supreme Court has made clear that federal courts will not serve as a super HR department for employees who complain about unpleasant work conditions. Every worker is expected to tolerate a certain level of obnoxious...more
The Uniformed Services Employment and Reemployment Rights Act (USERRA) contains some of the most expansive employee rights provisions under federal law, requiring employers not only to reinstate service members to their...more
In recent years, a number of states have passed laws prohibiting prospective employers from asking applicants about their salaries in their current jobs or overall salary history. However, these laws may not restrict...more
In recent years, we have advised employers whose employees tested positive for marijuana, but the employee claimed that the positive test resulted from their use of legal CBD oil or related products. Some employers have...more
The federal Worker Adjustment and Retraining Notification (WARN) Act requires covered employers to provide employees with 60 days’ advance notice of a plant closing or mass layoff. WARN contains an exception from this notice...more
As previously reported in EmployNews, the federal Occupational Safety and Health Administration (OSHA) recently announced a three-year national enforcement program to address employee exposure to heat-related health issues....more
The Americans with Disabilities Act (ADA) protects individuals with substantial impairment of a major life activity. In the past, this definition was interpreted by federal courts to limit ADA coverage to persons with chronic...more
Last week following a trial in a Kentucky state court, a jury awarded a terminated employee $450,000 based upon his termination following an unwanted office birthday party. The plaintiff alleged that he suffers from anxiety...more
It’s never a good idea for an employer to ask an employee who is subject to potential termination about their retirement plans. However, what happens if the employee raises their retirement plans in the context of a...more
One of the hottest areas of controversy in recent years in wage and hour law has involved employees’ right to tips, and employer’s ability to use such tips to count toward minimum wage and overtime payments. As a result of...more
Over the past decade, a growing number of federal appellate circuits have heard cases asking whether a single use of a racially offensive epithet is enough to clear the bar for a hostile environment racial harassment claim...more
In general, employees who resign are not eligible to collect unemployment insurance benefits. In North Carolina as with most states, the unemployment compensation law contains an exception for workers who resign for “a good...more
We once had a client opine that he was looking to acquire a new business and not a lawsuit to go along with it. The risk of buying a company with poor human resource practices or pending claims should make review of labor...more
Companies are increasingly using sophisticated forensic tools to review employee computer use. These searches can reveal violations of company policies relating to computer use, confidential information disclosure, or...more
Although it seems counterintuitive, we regularly run across situations where clients want to fire or demote an employee who recently received a promotion, stellar performance review, or some other kind of reward for good...more
When an employer receives a citation for violation of Occupational Safety and Health Administration safety regulations, it can assert an affirmative defense claiming that the employees were exposed to the hazard as a result...more
The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide employees with 60 days advance notice of a plant closing or mass layoff. On Tuesday in an unreported decision, the Fourth...more
12/6/2021
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Class Action ,
Contract Termination ,
Corporate Counsel ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Federal Contractors ,
Fluor ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
WARN Act
As reported in EmployNews, the South Carolina Occupational Safety and Health Administration previously announced that it would not implement the federal OSHA COVID-19 emergency temporary standard (ETS) for health care...more
If an employer receives a citation and notice of penalty from the North Carolina Occupational Safety and Health Administration, that citation contains a number of important options and associated time frames. Earlier this...more
Earlier this summer, the U.S. Equal Employment Opportunity Commission reminded employers that people suffering long-term COVID-19 symptoms could be entitled to reasonable accommodations under the Americans with Disabilities...more
In recent months, we have reported extensively on the various carrot-and-stick approaches taken by employers to try to incentivize employees to get the COVID-19 vaccine. In recent weeks, we have seen employers frustrated over...more