ADA

New Year, New Job Duties? Why It Might Be a Good Time to Update Job Descriptions2022, Who Were You? A Recap of Hot Issues in 2022.Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations 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

2022, Who Were You? A Recap of Hot Issues in 2022.Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana LawNow I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

Department of Labor

DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor ViolationsHappy Thanksgiving and the Many Things for Which We Are Thankful – 2022 EditionClarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. Employee

Disability Discrimination

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADAIs the Boss Right? Seventh Circuit Looks at Employer Judgment on ADA ClaimAre Your Employees Covered by a State Paid Family and Medical Leave Program? The CRS Can Tell You If They Are

Discrimination

DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor ViolationsRun Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment ActionOh Baby, Baby: New Laws Protecting Pregnant and Breastfeeding Employees

EEOC

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 EditionMaybe Not as Cool as a Taylor Swift Poster, But This New EEOC Poster Is RequiredMore COVID-19 Test Mess? EEOC Says It Has to Meet the Business Necessity Test

Employee Benefits

We’re Trying to Help! Employer Guidelines to Avoid Legal Pitfalls with Tuition Assistance Benefit ProgramsYou Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!We Got the PPP Loan -- What Do We Do Now?

Employee Rights

With Election Day Around the Corner, Employers Need to Remember You May Have to Give Employees Time Off to VoteDon’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 Later

Employer Liability Issues

We’re Trying to Help! Employer Guidelines to Avoid Legal Pitfalls with Tuition Assistance Benefit ProgramsDon’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?

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

Know Before You Post: Pay Transparency Laws and Job PostingsAll 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

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

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

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

New Year, New Job Duties? Why It Might Be a Good Time to Update Job DescriptionsHappy Thanksgiving and the Many Things for Which We Are Thankful – 2022 EditionClarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. Employee

FMLA

Failing to Cite? Say Bye to Employment Claims in the 5th CircuitAre Your Employees Covered by a State Paid Family and Medical Leave Program? The CRS Can Tell You If They AreBlessed Are the Caregivers: EEOC Provides Further Guidance on People Caring for COVID-19 Sufferers

Gender Discrimination

Failing to Cite? Say Bye to Employment Claims in the 5th CircuitEverybody’s Working on the Weekend (Well, Not Everybody) -- Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final Adverse Employment ActionThe Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher Bar

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

DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor ViolationsUnDACAmented: Protections for Dreamers in PerilExtending the Flex: I-9 Rule on Remote Employees Allowed to Continue

Independent Contractors

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 EditionClarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. EmployeePlaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

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

Heads Up, Not Down — Tennessee Employees Now Get To Wear Their CROWN: What Employers Should Know About Tennessee’s CROWN ActWhen 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

Leave

With Election Day Around the Corner, Employers Need to Remember You May Have to Give Employees Time Off to VoteEyeing Ian—Obligations to Employees Under Severe Weather ConditionsAre Your Employees Covered by a State Paid Family and Medical Leave Program? The CRS Can Tell You If They Are

NLRA

When Picket Lines Scratch and Dent: Should Unions Be on the Hook for Property Damage Caused by Strikes?The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for Joint EmploymentEmployees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance Later

NLRB

The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for Joint EmploymentDid We Hear That Right? NLRB Holds Discipline for ‘Whore Board’ Graffiti Is ImproperHigh-Profile Employers Face Intense Union Organizing

Noncompete Agreements

Noncompete Agreements Under Continued AttackNoncompete Agreements Are Back in Federal CrosshairsBeware Poachers! NY Legislature Takes on “No Rehire” and Employee Poaching Issues

OSHA

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 EditionMandate, We Hardly Knew You: OSHA Withdraws Large Employer Vaccine StandardEveryone Loves a Good Deadline: Reporting Requirements for Early 2022

Overtime

Eyeing Ian—Obligations to Employees Under Severe Weather ConditionsSCOTUS 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 Exemption

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

Oh Baby, Baby: New Laws Protecting Pregnant and Breastfeeding EmployeesTennessee’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 Claim

Reasonable Accommodations

Oh Baby, Baby: New Laws Protecting Pregnant and Breastfeeding EmployeesAvoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADAIs the Boss Right? Seventh Circuit Looks at Employer Judgment on ADA Claim

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

The Handbook Tale: Beware the Importance of Your PaperworkRun Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment ActionDon’t Drop a Vein: Sixth Circuit Affirms Dismissal of Surgical Assistant’s Age Suit

Title VII

DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor ViolationsNew Year, New Job Duties? Why It Might Be a Good Time to Update Job DescriptionsRun Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

Uncategorized

You Thought You Were Protected? When a Non-Compete Isn’t Enforceable (Maybe)

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

Are Your Employees Covered by a State Paid Family and Medical Leave Program? The CRS Can Tell You If They AreSweet Summertime! PTO, Vacation and State LawLegislators Continue to Crack Down on Confidentiality

WARN Act

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

Wellness Programs

We’re Trying to Help! Employer Guidelines to Avoid Legal Pitfalls with Tuition Assistance Benefit ProgramsWell, Well, Wellness: DC Court Strikes Down EEOC Rules on Corporate Wellness ProgramsWhat’s Up With Wellness Programs 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

The Remote (Worker) is Broken! Workers’ Compensation and Stay-at-Home EmployeesCan 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?

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