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Fourth Circuit Uses Prior Comments by Non-Decisionmaker to Reverse Dismissal of Discrimination Claim

When litigating employment discrimination claims, plaintiffs frequently base their allegations on alleged disparaging comments made by a member of the company’s management. When that manager was the one who made a decision...more

Generalized Claims of Damages Foil Request for Trade Secrets Misappropriation Injunction

Here is a common scenario: A key employee resigns, and the former employer discovers that on the way out he emailed to a personal account sensitive business information including financial and strategic planning data. ...more

Ignoring OSHA Complaint Letters Can Result in On-Site Inspection

Most employers understandably dread the possibility of a workplace investigation by the Occupational Safety and Health Administration. However, many of these same companies fail to pay appropriate attention to notices of...more

Doctor's Estimate Does Not Limit Amount of Unforeseeable Intermittent FMLA Leave

As part of the Family and Medical Leave Act’s medical certification process, the employee’s health care provider includes an estimate of the time the employee will need to be absent from work. ...more

Fifth Circuit Says NLRB Removal Protections Violate Constitution

Both unionized and non-unionized employers are familiar with the National Labor Relations Board’s authority to pursue and adjudicate unfair labor practice charges. Following high-profile charges brought against SpaceX and...more

At-Will Employment Doctrine Blocks Suit by Employee Alleging Positive Drug Test Resulted From CBD Use

With the explosion of legal hemp products across the U.S., employers are increasingly faced with employees who claim that a positive test for marijuana resulted from use of legal CBD products. ...more

OSHA Changes Penalty and Collection Policies

Last month, the federal Occupational Safety and Health Administration issued updated guidance on penalty and debt collection procedures. According to OSHA, the policy revisions are intended to assist small businesses with...more

Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more

Explaining the Current Law on Vaccine Mandates

Given the slow progress of civil litigation in the U.S., federal courts continue to hear challenges to employer vaccination mandates imposed during the COVID-19 pandemic. Prior to 2023, employers generally held the upper hand...more

EEOC Settlement Emphasizes Employees' Right to Discuss Salaries

Reports of the demise of the Equal Employment Opportunity Commission’s enforcement of traditional discrimination claims may have been exaggerated. Last week, the commission announced settlement of claims made against Sinclair...more

Can Employees Refuse to Use Personal Smartphones for Work Tasks?

Recently, we had interesting questions from a client that was implementing two-factor authentication for employees to access the company’s information systems. The process requires employees to install the authentication app...more

Employers Should Avoid Promises to Employees About Off-Premises Security

How should employers react to employee complaints of harassment or threats of physical violence from a former coworker? Once the company has terminated the coworker, concerns about retaliation against an employee by the fired...more

Fourth Circuit Says Extended Absence for Post-Partum Depression Unreasonable Under ADA

In some situations, employees undergoing serious medical issues request accommodations that would require extensive time away from work or major modifications to their job duties. ...more

Department of Labor Launches New and Expanded Self-Audit Programs Related to Labor Law Compliance

On July 24, the U.S. Department of Labor (DOL) announced several self-audit and voluntary compliance programs across six of its agencies aimed at what the agency describes as helping employers, unions, and benefit plan...more

OSHA Proposes Exclusion of Intrinsic Dangers From General Duty Clause Enforcement

In 2010, a trainer at SeaWorld was grabbed and drowned by an orca during a live show. Following an investigation, the federal Occupational Safety and Health Administration issued citations to the employer under the General...more

Fourth Circuit Says Use of Noncompetes Indicates Employment Instead of Contractor Relationship

In recent years, state courts have questioned whether independent contractors can be placed under enforceable post-engagement noncompetition agreements. ...more

OSHA Proposes Eliminating Medical Evaluation Requirement for Some Respirators

As part of its deregulatory initiative on July 1, the federal Occupational Safety and Health Administration proposed deleting requirements for medical evaluations before employees are permitted to use certain classes of...more

Trump Administration Proposes Eliminating Funding for Chemical Safety Board

In its released budget proposal for fiscal year 2026, the Trump administration plans to zero out funding for the U.S. Chemical Safety and Hazard Investigation Board (commonly abbreviated as CSB)....more

U.S. Labor Department Proposes Expanding FLSA Exemption for Home Care Services

Earlier this month, the U.S. Department of Labor proposed regulations that would substantially reduce overtime obligations for home care and related employers. ...more

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

Fourth Circuit Clarifies Employee's Obligation to Participate in ADA Interactive Process

When a disabled employee requests an accommodation under the Americans with Disabilities Act, this triggers an interactive process whereby both parties share information and work to determine if a reasonable and effective...more

Supreme Court Decision on Nationwide Injunctions Will Have Long-Term Impacts on Employers

At the end of its latest term last month, the U.S. Supreme Court issued a major decision regarding the ability of federal district courts to issue nationwide injunctions blocking executive branch regulations and executive...more

Can Employers Fire Workers for Failure to Report Workplace Injuries?

Companies attempting to manage workers' compensation expenses often express frustration over injury claims made by employees weeks or even months after the alleged incident occurred. In some situations, such as those...more

California Bill Would Limit Use of AI and Personality Testing in Workplace

California often acts as the nation’s laboratory for employment laws that are eventually adopted by other states or even the federal government. Earlier this month, the California Senate passed a measure that would sharply...more

Supreme Court Says ADA Does Not Cover Retiree's Benefits

Last week in a 7-2 decision, the U.S. Supreme Court held that Title I of the Americans with Disabilities Act does not apply to claims by a former employee that changes to her retiree medical benefits discriminated against her...more

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