News & Analysis as of

State Labor Laws Termination Employment Policies

Littler

Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

Littler on

As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more

Holland & Hart - Employers' Lawyers

Q&A: Paying Out PTO At Termination

Question: If we offer unlimited paid time off (PTO) and employees don’t accrue PTO, do we have to pay anything out at termination?...more

Maynard Nexsen

An Employer’s Guide to Employee Separations

Maynard Nexsen on

Employee separations are a common aspect of doing business. When facing an employee separation, employers may find themselves asking, in the words of Boyz II Men, “How do I say goodbye to what we had?” Whether the...more

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

Jackson Lewis P.C. on

The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Littler

Layoffs in Germany & Poland: Differences & Similarities

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As layoff procedures in Poland and Germany are anchored in the same EU Directive, their national regulations are similar in direction, but they still have their own flavor and local specificity. Germany and Poland share...more

K&L Gates LLP

New York Proposal to Protect Workers Displaced by Artificial Intelligence

K&L Gates LLP on

On 14 January 2025, during her State of the State Address (the Address), New York Governor Kathy Hochul announced a new proposal aimed at supporting workers displaced by artificial intelligence (AI). This proposal would...more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

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Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more

Bennett Jones LLP

Employment Termination Clauses: Lessons From Singh v Clark Builders

Bennett Jones LLP on

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 9: Best Practices for Employers with John Saxon, Plaintiff’s Labor &...

Maynard Nexsen on

In this episode, hosts Tina Emerson and Warren Lightfoot are joined by John Saxon, a leading plaintiff’s labor & employment attorney in the state of Alabama. As veteran employment attorneys on opposing sides, John and Warren...more

Bradley Arant Boult Cummings LLP

The Handbook Tale: Beware the Importance of Your Paperwork

Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for what employers expect...more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Littler

Amended Maine Law Will Require Vacation Payout When Employment Ends

Littler on

Maine’s governor recently signed H.P. 160 - L.D. 225, amending the state’s final wages statute to require that “[a]ll unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Employers May Be Able to Discharge Unvaccinated Workers Under Employment-at-Will Doctrine

In a pair of related rulings in Hayes v. University Health Shreveport, LLC, and Nelson v. Ochsner Lafayette General, the Supreme Court of Louisiana held on January 7, 2022, that private Louisiana employers may mandate...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Dentons

Drug Testing Under Iowa Law

Dentons on

It is no surprise to any Iowa employer that the state has one of the most complex drug testing statutes in the country. Iowa Code §730.5 places the burden specifically on the employer to show strict compliance and can be...more

FordHarrison

Perhaps Silicon Valley’s Pied Piper Could Use Good Employment Counsel

FordHarrison on

I am currently bingeing my way through HBO’s Silicon Valley after not having watched the show for several years (I’ve always found it entertaining enough, but life, you know?). The series chronicles the experiences of a small...more

Fisher Phillips

Good Faith Belief Leads To Employer Victory In Bias Claim

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Despite not being able to prove the alleged wrongdoings that led an Arkansas employer to terminate an employee, a federal appeals court just handed an employer a victory in a gender discrimination lawsuit because of its “good...more

Holland & Hart - Employers' Lawyers

CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more

Ballard Spahr LLP

Colorado Decision Clarifies Unused Vacation Time Issue for Employers

Ballard Spahr LLP on

A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more

Littler

Colorado Court of Appeals Finds Vacation Forfeiture Policy Lawful

Littler on

In a significant decision for employers, a Colorado appellate court recently upheld an employer’s policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not violate the...more

Troutman Pepper Locke

The Importance of Clear Floating Holidays and Personal Days Policies

Troutman Pepper Locke on

Q:  My company offers floating holidays to employees.  Can we have a “use it or lose it” policy for unused floating holidays?  Do they have to be paid out at termination?  What about personal days?...more

Fisher Phillips

An “Employee’s” Right to Inspect His or Her Personnel File in Pennsylvania

Fisher Phillips on

Employers commonly find themselves answering the following question: What right does a former employee have to access his or her personnel file? Often, after an employer terminates an employee, that employee and/or the...more

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