A recent New York Times article described growing use by employers of training repayment agreements, or TRAs. A TRA requires an employee to repay training expenses incurred by the employer if they quit before a certain period...more
As a result of the recent string of legislative and regulatory efforts to curb or eliminate the use of non-competition agreements in employment, employers may have lost sight of relatively non-controversial measures they can...more
Much to the dismay of many small businesses, the U.S. Supreme Court on Tuesday dismissed its review of a case that could have limited high-volume lawsuits against entities alleged to have violated public accommodation...more
In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more
12/8/2023
/ Appeals ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Dismissals ,
Employment Litigation ,
Groff v DeJoy ,
Healthcare Facilities ,
Healthcare Workers ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Vaccinations
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
Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more
When litigating employment non-competition covenants, issuance by the court of a preliminary injunction may be more important than the ultimate outcome of the litigation. Depending on the circumstances, the injunction can...more
Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more
12/1/2023
/ Appeals ,
Bias ,
Corporate Executives ,
Discipline ,
Dismissals ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
Free Speech ,
Off-Duty Employees ,
Podcasts ,
Racial Bias
In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more
In recent years, the Department of Labor’s Wage and Hour Division has increased enforcement activities in the home healthcare industry. On Tuesday, DOL announced recovery of over $500,000 from an Alabama agency found to have...more
We regularly receive questions from employers about their obligation to permit employees to bring their dogs or other service animals to work as a form of accommodation under the Americans with Disabilities Act. Employers are...more
Under the Fair Labor Standards Act (FLSA), business owners and managers may not share in their servers’ tips. In recent weeks, the U.S. Department of Labor’s Wage and Hour Division announced recoveries against two restaurants...more
Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more
In recent months, a number of federal labor and employment agencies have announced new initiatives intended to coordinate and cross-refer enforcement actions. This trend continued last week when the National Labor Relations...more
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
Last week, the National Labor Relations Board (NLRB) issued final rules broadening the definition of joint employers under federal labor law. A joint employer is a company that is not the employee’s direct W-2 employer, but...more
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
Beginning January 1, employers in certain industries will need to begin electronic filing of their Form 300-Log of Work-Related Injuries and Illnesses, and Form 301-Injury and Illness Incident Report. The requirement applies...more
Litigation over employment issues relating to the COVID-19 pandemic is finally reaching the trial and appellate courts. This week, the Tenth Circuit Court of Appeals affirmed dismissal of a lawsuit from a warehouse manager...more
Following the Supreme Court’s recent affirmative action decision, legal press publications have reported about complaints and enforcement threats sent to law firms based on their diversity initiatives. In some cases, these...more
10/23/2023
/ Affirmative Action ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Law Practice Management ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
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