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The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
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The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
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The leading educational and networking event — from the premier firm for employment + labor law — comes closer to you regionally and topically. The benefits of Jackson Lewis’ annual Workplace Horizons conference in New York...more
In some situations, employees undergoing serious medical issues request accommodations that would require extensive time away from work or major modifications to their job duties. ...more
Three recent court decisions provide important reminders for businesses with employees in Massachusetts. One involves application of the Massachusetts Wage Act to remote workers; one clarifies potential liability for...more
The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more
After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is...more
Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world....more
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
The complex shift from remote work to in-office work requires careful consideration to balance efficiency and employee well-being. This crucial balance directly impacts employee satisfaction, retention, and organizational...more
Many employers instituted work from home policies during the pandemic that they are now fine-tuning or rethinking. While telework technology advances and return to onsite work initiatives unfold, employers must navigate...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
With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more
On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public...more
Calling all California Employers: Get ready to elevate your workplace game! It's that time of year again, and Procopio is back with a bang to present our much-awaited Annual Labor and Employment Seminar with timely,...more
The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more
During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more
Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more
Since the onset of the COVID-19 pandemic, remote work has spread throughout new industries and has provided numerous benefits to employers, including saving rent, utilities, and other costs required to maintain a physical...more
During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more
Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more
In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more
In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective practices representing employees, and best practices...more
The U.S. District Court for the Eastern District of Virginia recently rejected a school principal’s argument that remote work was a reasonable accommodation for her asthma and restrictive lung disease that she claimed were...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
As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should...more