New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Non-Disparagement Tips for Employers
Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
The Journey of Litigation
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Workplace Risks Meet Holistic Legal Solutions: One-on-One with Adam Tomiak
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Podcast - How Do You Define Success?
Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
Handling References and Referrals While Safeguarding Your Business
PODCAST: Williams Mullen's Benefits Companion - Forfeitures Under Fire
Your Guide to Dealing with Subpoenas Effectively
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Podcast - The Law as a Force for Change
Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast
The Changing Landscape of EEOC Enforcement and Disparate Impact
The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II
Les risques d’allégations de congédiement déguisé demeurent une préoccupation importante pour les employeurs canadiens, en particulier dans le contexte de changements opérationnels. Les tribunaux considèrent qu’un...more
Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...more
Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more
Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his...more
Each year, the U.S. Equal Employment Opportunity Commission (EEOC) releases a report detailing the number and type of lawsuits the agency filed during the previous 12-month period. For fiscal year 2024 (October 1, 2023 to...more
On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more
Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more
Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more
In 2008, Congress amended the Americans with Disabilities Act to expand the definition of medical conditions that qualify for protections under that statute. The amendments resulted from a number of federal court decisions...more
On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more
Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more
The Fourth Circuit has handed down a decision that provides helpful guidance to employers seeking to provide reasonable accommodations in compliance with the Americans with Disabilities Act (ADA)....more
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more
When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more
Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more
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
On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023). The...more
In 2008, Congress amended the Americans with Disabilities Act (ADA) to expand the definition of protected medical conditions under the statute. The amendments were in part a response to a series of cases where federal courts...more
The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more
In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at...more
Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of...more
Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
Most employers in Texas are likely aware that the Americans with Disabilities Act (ADA) and the Texas Commission on Human Rights Act (TCHRA), which is similar to the ADA, protect most job applicants and employees from...more
On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more