Jordan Dyer is a co-author of this post and is a Summer Associate at Bradley.
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 accommodation? In Beasley v.
Meaghan Pickles is a co-author of this post and is a Summer Associate at Bradley.
Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many
All employers subject to the Fair Labor Standards Act (FLSA) must post an updated version of the FLSA “Employee Rights” poster to remain compliant with the law.
The FLSA is the Great Depression-era law that requires covered employers to pay minimum wage and overtime to non-exempt employees, among other requirements. In addition to the basic
Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal Employment Opportunity Commission (EEOC) wants to check out those policies to see if there is an ADA
Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements included in employment contracts. Typically, courts have held that the FAA compels employees to pursue certain disputes before a private
If the NLRB finds that you have committed an unfair labor practice (and maybe more than once), just what can it do? In Noah’s Ark Processors, a three-member panel of the board recently took an opportunity to pronounce available punishments for repeat labor offenders, and it was not shy. An administrative law judge determined
Can someone who has no intention of using your services or buying your products sue you because your website is not accessible? In Acheson Hotels v. Laufer, the United States Supreme Court has agreed to hear a case on whether such a “tester” has standing to bring ADA accessibility lawsuits. As we previously reported
Mass shootings have been increasingly in the headlines in recent years, and many of these incidents have occurred in the workplace. Regardless of anyone’s politics, employers are having to face either the fear of, or the actual experience of, murder in their own offices, factories and schools. What steps should an employer take to keep their employees
You may recall that the Pregnant Workers Fairness Act (PWFA) is modeled after the Americans with Disabilities Act and we blogged about the coming changes here. Given that the effective date is June 27, we’re back with an update highlighting some of the key points from the EEOC’s article titled “What You Should Know
Can you have an employment policy that is clearly based on gender? What if it doesn’t affect an “ultimate employment decision,” such as hiring, firing, promoting, granting leave or compensation? Last year, we told you about a sheriff’s department in Texas with a scheduling policy that was clearly based on gender. At that time