Class Action
Wave Goodbye to Waivers Under California’s PAGA? Not So Fast, Says the Supreme CourtYou Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s Approach of Holding Trial in Wage Case Before Deciding on ClassDon’t Run Prints: Illinois’s Biometric Privacy Law Used Against Employers
Discrimination
Dust in the Wind: After 48 Years, the Federal Government’s Hiring Bias Framework Is Gone (for Now)What Does the Box Say? 6th Circuit Looks to the Boundaries of the EEOC Charge in Barnett-Morgan v. InvernessFlipping the Script: The EEOC’s Lawsuit Against the New York Times Takes Aim at “Reverse” Discrimination
Drug Testing
The Delta-8 Dilemma: What Mississippi Employers (and Maybe Those in Other States) Need to Know About Drug Testing Policies and THC ProductsThe ABCs of CBD? Kind of… 8th Circuit Affirms Termination of Employee Failing Drug Test for Hemp Pain OilDrug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All
Featured
Clarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. EmployeeWhen Picket Lines Scratch and Dent: Should Unions Be on the Hook for Property Damage Caused by Strikes?Smile for the Camera! Video Surveillance at Work and State Law Considerations
FMLA
New Year, New Views: DOL Opinion Letters on FLSA and FMLA Provide Employers with Helpful GuidanceIs an Employee on FMLA Leave Untouchable? 2nd Circuit Says Certain Facts Can Support TerminationDiscouraging Discouragement: In Kemp v. Regeneron Pharmaceuticals, the 2nd Circuit Finds FMLA Violation Without Outright Denial of Benefits
Interference
Is an Employee on FMLA Leave Untouchable? 2nd Circuit Says Certain Facts Can Support TerminationThe Case of the Breastfeeding Narc: 11th Circuit Confirms Lactating Employee is Covered Under Pregnancy Discrimination ActA Diamond in the Rough (Part 2): What the Eleventh Circuit Said about FMLA Retaliation Claims
Religious Discrimination
Burn Grooming Policy, Burn? Third Circuit Reignites Bearded Firefighter’s Religious Accommodation and Free Exercise ClaimsWas There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron SymbolYou Have Mail (Better Read It): District Court Finds EEOC 90-Day Deadline Starts When Email Received
Unemployment Benefits
And the Beat Goes On… DOL Publishes Second and Third Round of FAQs on FFCRA Answering Burning Employer QuestionsIs the Wait Finally Over? Senate Passes Massive COVID-19 Relief Bill — How Does It Help Employers?Unemployed Employees: Should Employees Who Have Reduced Hours or Are Laid Off Due to COVID-19 File for Unemployment?