Latest Posts › Employer Liability Issues

Share:

US Department of Labor Brings Back Self Audit Settlement Option for Employers

In late July, the US Department of Labor (USDOL) announced that it was reinstating the Payroll Audit Independent Determination (PAID) Program to allow employers to correct FLSA and FMLA mistakes in a supervised audit....more

Avoid Political Headaches in the Workplace

As you are no doubt aware, Election Day is only about three weeks away.  As you have no doubt also heard, the country is deeply divided over many issues that are “hot button” topics in the plethora of political ads now...more

De Minimis No More—US Supreme Court Raises the Standard For Denial of a Religious Accommodation in the Workplace

In a striking break from its recent steady stream of divided opinions, last week the United States Supreme Court issued a unanimous opinion making a dramatic change in the level of hardship an employer must show to justify...more

EEOC Updates Its FAQs to Address When COVID-19 Infection May Be A Disability Under the ADA

On December 14, 2021, the EEOC updated its Technical Assistance Questions and Answers to provide a framework for analyzing when an employee’s COVID-19 infection qualifies as a disability under the Americans with Disabilities...more

NC OSHA Is Not Immediately Adopting the ETS for Covid-19

The Commissioner of the North Carolina Department of Labor announced on November 10, 2021, that his department will not adopt or enforce the new OSHA Emergency Temporary Standard for COVID-19 protection and prevention issued...more

Practical and Legal Considerations Related to Vaccine Mandates

The Delta variant is sweeping the country. COVID-19 illness rates are increasing.  Many large employers such as Google, Facebook, Morgan Stanley, Tyson Foods, and The Washington Post have made vaccination mandatory for their...more

Considerations For Re-opening Your Place of Business

As many Governors lift and modify shelter-in-place orders, employers need to give careful consideration to the health and safety, legal, and practical issues presented by returning their employees to the workplace. Best...more

Sexual Orientation Moves One Step Closer to Being a Protected Characteristic

Federal law protects applicants and employees from negative treatment in connection with their employment, where that negative treatment is based on a protected characteristic. Traditionally, courts have interpreted the...more

EEOC Cautions Employers About Discrimination Against Employees who are, or are Perceived to be Muslim or Middle Eastern

Late last month the U.S. Equal Employment Opportunity Commission (EEOC) issued a statement by its Chair Jenny R. Yang, as well as two informational Question and Answer Guidance documents about discrimination against employees...more

Documenting Efforts to Comply with the FLSA May Help Limit Damages Exposure

With all of the media attention on imminent changes to the Fair Labor Standards Act (FLSA) and the incredible increase in wage and hour litigation, it is a good time to review employees’ exempt/non-exempt classification and...more

Time to Revisit English Only Rules

Employers have long understood that rules prohibiting employees from speaking languages other than English are subject to attack by the Equal Employment Opportunity Commission (EEOC). The EEOC’s position is that a rule...more

Can You Prove the Mail Was Delivered? If You Are Sending An FMLA Notice, the Answer Must Be Yes

A recent case emphasizes the importance of implementing procedures that establish strict compliance with the employer notice obligations under the FMLA. In Lupyan v. Corinthian Colleges, Inc., the Third Circuit held that...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide