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A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more
Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more
Introduction Since the COVID-19 pandemic hit and brought about much uncertainty, employers across the globe have had to grapple with the concept of flexible working. The implementation of flexible working differs from...more
It has been a couple of years since the pandemic restrictions have ended but many employers are still struggling to get their staff back into the workplace for their required percentage of days. This can be the case even when...more
Increasing office attendance remains high on the agenda for many employers, but upcoming changes to the UK flexible working regime could prompt more requests to work from home. A recent Employment Tribunal judgment provides...more
This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more
The California Court of Appeal for the First Appellate District recently issued its opinion regarding business-related expenses in Thai v. International Business Machines Corporation. The Court found that expenses incurred by...more
A German court has considered the requirements for an employer to terminate a telework agreement. In the wake of the pandemic, many companies have had their employees working from home or allowed them to work remotely....more
On July 11, 2023, the California Court of Appeal in Thai v. IBM held that whether an employer is obligated to reimburse expenses incurred by an employee working from home turns on whether the expenses were a direct...more
The decision of the British Columbia, Canada Civil Resolution Tribunal (Tribunal) in Besse v. Reach CPA Inc., 2023 BCCRT 27 is especially relevant now that remote work has become common. The Tribunal found the employer had...more
Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more
Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more
Rising numbers of remote workers and changing state and federal employment laws bring challenges for employers in the new year. Gary Fowler, a JAMS arbitration and mediation neutral, analyzes the issues and steps employers...more
We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more
California law requires employers to furnish a “safe and healthful” workplace to employees. Now that the line between “workplace” and “home” has been blurred for so many workers in the wake of the COVID-19 pandemic, the law...more
Since the beginning of the pandemic caused by COVID-19, remote work has become the norm for many companies. However, even when work is performed at the worker's home, the worker can still file a claim with Quebec’s workers’...more
Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more
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
Roughly 15 months ago the word “Zoom” would have conjured up images of cartoon race cars or maybe Dr. Seuss’ Go Dog Go book. Such images not only show our age but reflect how much our world has changed since the COVID-19...more