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Pregnant Workers Fairness Act – The Journey and Final Destination

There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more

Is That a Gun in Your Pocket… at the Office? New Thoughts on Workplace Concealed Carry

Can you prohibit your employees from bringing firearms to your workplace? You may think the answer is yes, but it’s more complicated. Recent state laws on gun rights have raised questions regarding guns at work. Here we will...more

Best Practices on Maintaining Personnel Files

Personnel files, employee files, employee records… no matter what you call them, you probably know they are important. But why, exactly? Below is a refresher on the importance of personnel files and best practices for...more

ADA Speed Bump Ahead: Steer Clear of Eliminating Essential Functions

When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more

Sign on the Line: Alabama Supreme Court Requires Employer Signatures on Non-competes

If you use non-competes, make sure you complete all the steps to make them enforceable. It may be your practice to ask the employee to sign it and then not sign it yourself. While we seldom see challenges to this practice,...more

2022, Who Were You? A Recap of Hot Issues in 2022.

As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and...more

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

The ADA and Your Website A Guide to Website Accessibility Claims

Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more

What More Can We Ask About COVID-19? EEOC Chimes In on If It Is a Disability Under the ADA

For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed...more

Another Type of COVID Long Haul—Future Discrimination Suits?

We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more

Something to Talk About: Fifth Circuit Reminds Us to Engage in the Interactive Process

The United States Court of Appeals for the Fifth Circuit recently reiterated the importance of engaging in the interactive process with employees seeking disability accommodations. This case serves as a helpful reminder,...more

Lessons Learned – A COVID-19 Vaccination Recap

It feels like ages ago when the COVID-19 vaccination first rolled out, and employers were scrambling with questions. But look how far we’ve come! Now, with many states easing (or eliminating) COVID-19 restrictions and opening...more

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