Last week, a federal district court judge in Texas struck down the National Labor Relations Board’s joint employer rule. That rule significantly expands the definition of joint employers, making a company subject to NLRB...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
On Monday, a unanimous panel of the Eleventh Circuit Court of Appeals refused to reverse an injunction barring enforcement of portions of Florida’s Individual Freedom Act. The law in question would bar employers from...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
During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more
2/16/2024
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Litigation ,
Employment Policies ,
Essential Functions ,
Hiring & Firing ,
Reasonable Accommodation ,
Remote Working ,
Retaliation ,
Telecommuting
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
On Monday, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking that would replace the current patchwork of safety regulations covering firefighters and other first responders. OSHA...more
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
In recent years, more workers have filed claims for unpaid overtime based on occupations that are potentially subject to specialized exemptions under the Fair Labor Standards Act. Some of this litigation involves the...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
We have become involved in an increasing number of disputes between companies and their former employees over ownership and use of personal social media accounts. In a typical situation, the employee will use their personal...more
Earlier this month, the U.S. Occupational Safety and Health Administration announced that maximum civil penalties for serious violations would increase from $15,625 to $16,131. The penalties for repeat or willful violations...more
As flu and other respiratory virus rates peak across the U.S., hospitals and other health care providers are responding by taking measures such as limiting patient visitors. For years, one element of this response has...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
When facing requests from a qualified disabled worker, the Americans with Disabilities Act allows employers to choose an effective accommodation, even if it is not the one preferred by the employee. Earlier this week, the...more
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
When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more
As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more
January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more
1/5/2024
/ Civil Rights Act ,
Colleges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Effective Date ,
Employment Policies ,
First Amendment ,
New Legislation ,
Private Sector ,
Quotas ,
Reverse Discrimination ,
Title VII ,
Universities