Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more
2/19/2025
/ Appeals ,
Burden of Proof ,
EMD Sales Inc v Carrera ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
SCOTUS ,
Wage and Hour
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
7/6/2022
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Interactive Process ,
Medical Leave ,
Reasonable Accommodation ,
Reversal ,
Summary Judgment
After a wild weekend following some headline-grabbing court rulings, employers are heading into the holidays wondering what on earth is going on with workplace COVID-19 vaccine requirements. While clarity remains elusive, our...more
12/20/2021
/ Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Time Extensions ,
Vaccinations ,
Virus Testing
On November 30, 2021, the United States District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to halt enforcement of the vaccine mandate for federal contractors set forth in...more
12/2/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Although most employers were hesitant to implement vaccine mandates following the initial rollout of the COVID-19 vaccines, the still-surging pandemic, driven by the highly contagious Delta variant, has caused many companies...more
9/20/2021
/ Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
There finally seems to be a light at the end of the dark, COVID-19 pandemic tunnel. As spring transitions to summer, COVID-19 case numbers are decreasing while the vaccination rate is increasing. Given these positive...more
6/7/2021
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
OSHA ,
State and Local Government ,
Vaccinations ,
Workplace Safety
Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more