Employer Liability Issues, Employee Rights, Burden of Proof

Iowa Amends Drug Testing Statute, Relieves Some Employer Burdens

Jackson Lewis P.C. on 7/31/2025

The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make...more

Seventh Circuit Decision Clarifies Standards for FLSA Overtime Cases

DarrowEverett LLP on 2/27/2025

The Seventh Circuit Court of Appeals recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work...more

U.S. Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Miles & Stockbridge P.C. on 1/27/2025

Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

Constangy, Brooks, Smith & Prophete, LLP on 8/17/2023

The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on 6/22/2023

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

Genova Burns LLC on 9/8/2021

As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

NLRB Clarifies Standard for Reviewing Workplace Polices, Finds Confidentiality and Media Contact Policies Lawful

Akerman LLP - HR Defense on 11/4/2019

Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client...more

Employer Liability Issues › Employee Rights › Burden of Proof