Appeals, Employer Responsibilities, Employer Liability Issues

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

Constangy, Brooks, Smith & Prophete, LLP on 7/28/2025

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/8/2025

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate Claim

Seyfarth Shaw LLP on 6/26/2025

In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to...more

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Bradley Arant Boult Cummings LLP on 5/28/2025

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

Parker Poe Adams & Bernstein LLP on 5/2/2025

Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more

The New Standard for Reasonable Accommodations in the Second Circuit

Seyfarth Shaw LLP on 4/23/2025

The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with...more

U.S. Supreme Court Rejects Higher Standard of Proof for Overtime Exemptions

Lowndes on 1/17/2025

In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more

Cal/OSHA’s COVID-19 Emergency Temporary Standards Survives its First Challenge

Proskauer - California Employment Law on 1/19/2022

As we reported here, Cal/OSHA’s revised COVID-19 Emergency Temporary Standards (“ETS”) took effect on January 14, 2022. The controversial emergency regulations, which have caused employers countless headaches, survived their...more

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