Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may not state claims under more than one statute but only
J. William Manuel
Will Manuel focuses his practice primarily on commercial and employment litigation. Will advises businesses on issues involving age discrimination, sexual harassment and wage/overtime disputes for both large and small businesses in across Mississippi and other jurisdictions. His clients include numerous manufacturers and commercial interests as well as various insurance and financial services companies. He has worked to defend these clients in both MDL litigation and individual actions brought in Mississippi. Will’s focus is on active litigation from the initial discovery process through trial. View articles by Will.
Eyeing Ian—Obligations to Employees Under Severe Weather Conditions
With Hurricane Ivan wreaking havoc, our thoughts go to those in the path of the ever-strengthening storm. The first priority for all affected is safety, but severe weather does also raise numerous employment law issues. Employers are again reminded that weather can affect your workplace. With hurricane season underway, we have updated this previously published …
Central Park Karen’s Discrimination Case Dismissed: Learning from Responding to Viral Videos
Can a social media firestorm be the basis for an employment decision? Although it may seem like a lifetime ago, in the spring of 2020, the internet’s attention turned to a viral video of a white woman in Central Park who called 911 about a black man who she said was threatening her life. Enter…
Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law
It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a specific condition listed within the law by a medical practitioner. So where does that leave an employer…
Well, That Escalated Quickly: Judge Rules Florida’s “Stop WOKE” Act Unconstitutional
Is the “Stop WOKE” Act dead in Florida? Not yet, but in Honeyfund.com, Inc., et al v. Desantis, et al, one federal district court has certainly put the brakes on it. On March 29, 2022, we informed everyone about Florida HB 7, also known as Florida’s “Stop WOKE” bill, and how it would…
Everybody’s Working on the Weekend (Well, Not Everybody) — Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final Adverse Employment Action
An employer establishes a weekend work policy where only male employees can take both days off, and female employees can only take one weekend day off. Sounds like gender discrimination maybe? Well, in Hamilton, et al. v. Dallas County, dba Dallas County Sheriff’s Department, the Fifth Circuit recently declined to go that far — yet. The judges…
Are Your Employees Covered by a State Paid Family and Medical Leave Program? The CRS Can Tell You If They Are
Paid leave benefits are a hot topic these days. The Congressional Research Service (CRS) has issued an updated report on states that have Paid Family and Medical Leave (PFML) programs and how they work.
Federal FMLA and Unpaid Leave
We all know that the federal Family and Medical Leave Act (FMLA) requires employers with 50…
More COVID-19 Test Mess? EEOC Says It Has to Meet the Business Necessity Test
Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on the latest guidance. On July 12, the EEOC tweaked their COVID-19 Guidance…
Sweet Summertime! PTO, Vacation and State Law
With the warmer months rolling in and travel rates skyrocketing, it’s likely that many of your employees are taking days away from the office. It may be time to give some attention to your paid time off (PTO) policies and to your state law on PTO. State law in this area is evolving, and it…
Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol
Accommodating an employee’s sincerely held religious beliefs can be tricky. In EEOC v. Kroger, a court in Arkansas gives some guidance on how to handle these claims.
The case law surrounding religious failure-to-accommodate claims is pretty well-settled. First, the employee must show that a workplace rule conflicts with his or her sincerely held religious…