Skip to content

Labor & Employment Insights

Perspectives in labor and employment law affecting employers and businesses

Menu

HomeOur ServicesOur TeamResourcesContact
Bradley Arant Boult Cummings LLP. logo

Topics

ADA

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp OilNinth Time Is Not the Charm: Eighth Circuit Denies Serial-Requesting Plaintiff’s ADA ClaimWhat More Can We Ask About COVID-19? EEOC Chimes In on If It Is a Disability Under the ADA

Arbitration

Wave Goodbye to Waivers Under California’s PAGA? Not So Fast, Says the Supreme CourtSCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver AnalysisBlocking the Gate to Arbitrate: Congress Passes Law Banning Pre-Dispute Arbitration Agreements on Sex Harassment Claims

Cannabis

Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis IndustryVoters Legalize Marijuana, Employers Ask QuestionsChanging Marijuana Laws and Effective Drug Testing Policy

Department of Labor

New Is Old Again: DOL Seeks Return to Past Rule for Federal Contractor Minimum Wage CalculationsDoes OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and BeyondFinally Final: The Tipped Employee Rule

Disability Discrimination

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp OilAnother Type of COVID Long Haul—Future Discrimination Suits?What Does the Future Hold and Does It Really Matter? 7th Circuit Holds ADA Doesn’t Necessarily Cover Future Impairments

Discrimination

You Have Mail (Better Read It): District Court Finds EEOC 90-Day Deadline Starts When Email ReceivedThe Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher BarAll on Board: Mississippi Joins the Nation in Prohibiting Pay Discrimination Based on Gender

EEOC

You Have Mail (Better Read It): District Court Finds EEOC 90-Day Deadline Starts When Email ReceivedIs the Past Really Past? Tips for Employers on Background ChecksBlessed Are the Caregivers: EEOC Provides Further Guidance on People Caring for COVID-19 Sufferers

Employee Benefits

You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!We Got the PPP Loan -- What Do We Do Now?Update: The Families First Coronavirus Response Act Is Signed Into Law and Will Take Effect April 2, 2020

Employee Rights

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp OilEmployees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance LaterNew Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption

Employer Liability Issues

Don’t Run Prints: Illinois’s Biometric Privacy Law Used Against EmployersI’m So Confused! Just How Long Does Your COVID-19-Exposed Employee Have to Quarantine?Pandemic Planning: But What About the Other “P Word” in Your Re-opening Plans? (Hint: It’s Privacy)

Employment Agreements

SCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver AnalysisSix FLSA Resolutions for the New YearCooperate or Pay: Recovering Attorneys’ Fees to Get to Arbitration

Equal Pay

All on Board: Mississippi Joins the Nation in Prohibiting Pay Discrimination Based on GenderShould I Stay or Should I Go? Ninth Circuit Finds Gender Discrimination in Retention RaiseCan You Rely on an Employee’s Prior Salary as a Defense to a Pay Discrimination Suit? The Supreme Court Refuses to Enter the Fray

False Claims Act

There is an “I” in Whistleblower and Penalties: Individual Employees Played Key Roles in 2021 False Claims Act Cases2020 Saw Big Pay Days for Whistleblowers and Big Pay Outs for Individual Employees in False Claims Act SuitsWhistleblower Activity Drives False Claims Act Suits in 2019

Federal Contractors

To Mandate Vax or Not, That Is the Question: Federal Contractor Vaccine Mandates Before Several Appellate CourtsIs the Past Really Past? Tips for Employers on Background ChecksNew Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for Federal Contractors

FLSA

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without PrejudiceYou 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 ClassNew Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption

FMLA

Blessed Are the Caregivers: EEOC Provides Further Guidance on People Caring for COVID-19 SufferersHappy Thanksgiving and the Many Things for Which We Are Thankful – 2021 EditionGet Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine?

Gender Discrimination

The Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher BarAll on Board: Mississippi Joins the Nation in Prohibiting Pay Discrimination Based on GenderShould I Stay or Should I Go? Ninth Circuit Finds Gender Discrimination in Retention Raise

Guns at Work

Signs, Signs, Everywhere a Sign: What Employers Need to Know About Tennessee’s New Gun Posting LawMore Guns in Trunks---Mississippi Supreme Court Amends Wrongful Discharge DoctrineHold Your Fire: Tennessee Bars Employers from Terminating Employees for Complying with 'Guns-in-Trunks'

Immigration Law

UnDACAmented: Protections for Dreamers in PerilExtending the Flex: I-9 Rule on Remote Employees Allowed to ContinueDo You Feel Lucky Employers? There’s an H-1B Lottery A-Coming

Independent Contractors

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend ComplaintWhat’s Your Vax Status? New Requirements for Federal Employees and ContractorsPutting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor Status

Investigations

For Employers in the #MeToo Era: It’s Not the Harassment Claim, It’s the Retaliation Claim that Gets YouCourt Not So Hostile to Employer in Hostile Work Environment CaseTopple of Estoppel? Eleventh Circuit Deals Blow to Bankruptcy Disclosure Defense in Discrimination Suit

Joint-Employer Liability

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend ComplaintThe Relationship Talk: DOL Issues New Rules on Joint Employer StatusMcDonald’s Fries Franchise Workers’ Claims, Lands Whopper of a Ruling for Franchisors

Labor Laws & Rights

What’s Your Vax Status? New Requirements for Federal Employees and ContractorsRace and National Origin Discrimination Claims Cover Discrimination Based on All Races or National OriginsNew Administration, New DOL Approach: Department Pulls Back Trump Rulemaking Limitations

Leave

You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!Let Your Employees Get the Jab (COVID-19 Vaccination) — You May Get a Tax CreditComing Back (or Staying Gone) for More: ARPA Extends Tax Credits for Providing COVID-19 Leave

NLRA

Employees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance LaterPresident Biden Proclaims His Administration’s Policy to Encourage Worker Organizing and Collective BargainingWeeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis Industry

NLRB

High-Profile Employers Face Intense Union OrganizingRecent Developments in Federal Union Organizing LawPresident Biden Proclaims His Administration’s Policy to Encourage Worker Organizing and Collective Bargaining

Noncompete Agreements

Noncompete Agreements Are Back in Federal CrosshairsBeware Poachers! NY Legislature Takes on “No Rehire” and Employee Poaching IssuesRefer This: Referral Sources Can Be a Legitimate Business Interest for Non-Compete Purposes in Florida

OSHA

Mandate, We Hardly Knew You: OSHA Withdraws Large Employer Vaccine StandardEveryone Loves a Good Deadline: Reporting Requirements for Early 2022The Final Word on Vaccine Mandates? Supreme Court Stays Vaccine Mandate for Businesses

Overtime

SCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver AnalysisNew Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime ExemptionHere We Go Again? DOL Secretary Walsh Discusses Raising Overtime Exemption Salary Threshold

Pre-Employment Background Checks

More Box Banning? Trend to Prohibit Questions on Criminal History ContinuesBackground Check Update: There’s A New FCRA Form in TownBackground Checks are Still Big Litigation Business—Just Ask BMW

Pregnancy Discrimination

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant EmployeesYou Fired My Dad! Fifth Circuit Rules Title VII Retaliation Ban Does Not Cover Third-Party ClaimTerminating an Employee on Maternity Leave and Winning the Case: The Eleventh Circuit Affirms a Jury Verdict for Winn-Dixie

Reasonable Accommodations

Another Type of COVID Long Haul—Future Discrimination Suits?Something to Talk About: Fifth Circuit Reminds Us to Engage in the Interactive ProcessTennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant Employees

Sexual Harassment

Legislators Continue to Crack Down on ConfidentialityBlocking the Gate to Arbitrate: Congress Passes Law Banning Pre-Dispute Arbitration Agreements on Sex Harassment ClaimsSunday May Still Be Sacred: Texas Jury Sides with Employee Who Chose Church Service Over Work

Social Media

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About ItDoes This Arbitration Agreement Make Me Look Sexist? The Moving Target of Using Arbitration ClausesHappy Thanksgiving and the Many Things for Which We Are Thankful

Termination

Mississippi’s New Vaccine-Choice Law: All Fluff, No Wrongful Termination?Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against Non-Romantic Co-WorkerAdministering the Ministerial Exception: The Supreme Court Expands the Defense in Employment Cases

Title VII

The Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher BarBlessed Are the Caregivers: EEOC Provides Further Guidance on People Caring for COVID-19 SufferersPlaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

Uncategorized

Stopping “Woke”? Florida HB 7, The Bill That Attempts To Put Florida Employers’ DEI Efforts To Sleep

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?

Wage and Hour

Legislators Continue to Crack Down on ConfidentialityEveryone Loves a Good Deadline: Reporting Requirements for Early 2022You 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 Class

WARN Act

498, 499, 500! Not So Fast, Says the Sixth Circuit on WARN Act Case

Wellness Programs

Well, Well, Wellness: DC Court Strikes Down EEOC Rules on Corporate Wellness ProgramsWhat’s Up With Wellness Programs Anyway?Minnesota Judge Issues Blow to EEOC’s Challenge to Corporate Wellness Program (For Now, Anyway…)

Whistleblower

2020 Saw Big Pay Days for Whistleblowers and Big Pay Outs for Individual Employees in False Claims Act SuitsThe Whistleblower’s Show Can Go On: Georgia Supreme Court Allows Complaint to Proceed Despite Inconsistent Bankruptcy FilingWhistleblower Activity Drives False Claims Act Suits in 2019

Worker Safety

To Mandate Vax or Not, That Is the Question: Federal Contractor Vaccine Mandates Before Several Appellate CourtsOSHA Stand Down for Stand Up Safe Employers — Good Tips on FallsPandemic Planning: But What About the Other “P Word” in Your Re-opening Plans? (Hint: It’s Privacy)

Worker’s Compensation

Can COVID-19 Claims Convince Commissions to Compensate? An Overview of Workers’ Comp and the CoronavirusEmployee Quits and Then Slips: Covered Under Workers’ Comp or Not?Ahead of Schedule? What Oregon’s Fair Work Week Bill Means to the Retail, Hospitality, and Food Service Industries

Workplace Retaliation

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic VoltageNeedle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA ClaimWhere Was the Whistle Blown? Split in Circuits over Retaliation Protection for Reporting Securities Violations
Labor and Employment Highly Recommended Law Firm 2020 Badge

Topics

Archives

Stay Connected

RSS Facebook LinkedIn Twitter Instagram
Subscribe to this blog
Contact Us
Meet our Team

About

Bradley’s Labor and Employment Practice Group provides clients with experienced counsel on a variety of issues related to managing their employees and operations. We regularly represent our clients in federal and state court throughout the southeast.

Read More....

Bradley Blog Network

  • BuildSmart
  • Declassified
  • Financial Services Perspectives
  • It Pays To Be Covered
  • Online & On Point
  • Patent 213
  • Underwritten

Labor & Employment Insights

Bradley Arant Boult Cummings LLP. logo
www.bradley.com
RSS Facebook LinkedIn Twitter Instagram
DisclaimerAttorney AdvertisingCCPA Disclosure & Privacy Policy

About Our Labor and Employment Practice Group

Bradley’s Labor and Employment Practice Group provides clients with experienced counsel on a variety of issues related to managing their employees and operations.

Our team of labor and employment litigators has deep and broad experience to help clients resolve labor and employment disputes, both in and out of the courtroom.

Read More…

About Our Firm

Bradley is a national law firm with a reputation for skilled legal work, exceptional client service, and impeccable integrity. Our almost 600 attorneys provide business clients around the world with a full suite of legal services in dozens of industries and practice areas. Bradley’s 10 offices are located in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia. This extensive geographic base provides the foundation to represent clients on a national and international basis. We frequently serve as national coordinating counsel, regional counsel, and statewide counsel for clients in various industries.
Read More…

Copyright © 2022, Bradley Arant Boult Cummings LLP. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo