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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....more

You Have Mail (Better Read It): District Court Finds EEOC 90-Day Deadline Starts When Email Received

If a letter from the EEOC is in your virtual mailbox but you never open it, have you received it? Most of us are familiar with the requirement that a claimant who files an EEOC charge has 90 days to file a lawsuit after...more

Wave Goodbye to Waivers Under California’s PAGA? Not So Fast, Says the Supreme Court

California is complicated for employers — and a recent case, Viking River Cruises, Inc. v. Moriana, is just one more example. The Private Attorneys General Act of 2004 (PAGA) authorized California employees to sue employers...more

Blessed Are the Caregivers: Equal Employment Opportunity commission guidance on disparate treatment of employees caring for family...

The EEOC first issued enforcement guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities in May 2007. Given that the EEOC issued some new guidance regarding pandemic-related caregiver...more

All on Board: Mississippi Joins the Nation in Prohibiting Pay Discrimination Based on Gender

For the past three years, Mississippi remained the only state in the country that did not have a bill prohibiting pay discrimination based on gender. This all changed on April 20, 2022, when Mississippi Gov. Tate Reeves...more

Is the Past Really Past? Tips for Employers on Background Checks

In the quest to hire the best employees, employers often look at an employee’s past — past jobs, credit history, and criminal history. If you are conducting  background checks, you know you have to comply with the Fair Credit...more

High-Profile Employers Face Intense Union Organizing

Union efforts to organize workers are on the rise. Most notably, several high-profile employers are at the forefront of recent union campaigns, including Amazon, Starbucks and now Apple. Employees at Amazon’s Staten Island,...more

But I Didn’t Inhale! Employee Drug Tests in a CBD World

Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more

Legislators Continue to Crack Down on Confidentiality

Guaranteed confidentiality with regard to employee disputes may be becoming a thing of the past if the current tide of legislation continues. As we blogged about several weeks ago, Congress just banned arbitration agreements...more

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

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

Recently, the Florida House and Senate passed Florida HB 7, also known as, Florida’s “Stop WOKE” bill. The soon-to-be Florida law will expand the language of Fla. Stat. Ann. § 760.10, to include the prohibiting of certain...more

2nd Circ. Title VII Ruling Guides On Joint Employer Doctrine

The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for...more

Blessed Are the Caregivers: EEOC Provides Further Guidance on People Caring for COVID-19 Sufferers

This week, the EEOC issued new guidance regarding pandemic-related caregiver discrimination. The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women so discrimination against...more

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more

Blocking the Gate to Arbitrate: Congress Passes Law Banning Pre-Dispute Arbitration Agreements on Sex Harassment Claims

Both the House and Senate have approved a bill that allows victims of workplace sexual assault and sexual harassment to take their claims to court instead of being forced to arbitration. In a rare show of partisanship,...more

Decoding the CDC’s New Quarantine and Isolation Guidance for COVID-19

Despite all of our hopes and prayers for an end to the pandemic, we still have employees who are exposed to or testing positive for COVID-19, and we still need to figure out how to deal with those issues. The CDC issued new...more

What More Can We Ask About COVID-19? EEOC Chimes In on If It Is a Disability Under the ADA

For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed...more

It’s Back (for Now Anyway): Sixth Circuit Dissolves Stay of OSHA ETS on Vaccines

In the ever-changing vaccine mandate legal tennis match, the Sixth Circuit on Friday entered an opinion lifting the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard on COVID-19 vaccines and testing. Companies with...more

Employees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance Later

We’ve talked about social media policies several times over the years, but it’s been a while since we’ve discussed monitoring your employees’ work phones, emails, and internet usage. As you most likely know, you can and...more

Staying Current on the Stays, Updates on Federal Vaccine Mandates, and the Alabama Vaccine Exemption Law

As we are sure you have heard, many people are not all that psyched about the federal government mandating that employees get vaccinated. Just to keep everyone on the same page in these ever-changing times, here is a quick...more

New Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for...

Employers in Tennessee need to hold off on requiring COVID-19 vaccine proof from employees because they might run afoul of a newly minted law. On November 12, Tennessee Gov. Bill Lee signed an omnibus COVID-19 bill into law...more

OSHA Suspends ETS Enforcement in Wake of Fifth Circuit’s Latest Jab at Vaccine Rule, But Future Remains Uncertain

The saga of the Occupational Safety and Health Administration’s (OSHA) newly announced COVID-19 Emergency Temporary Standard (ETS) continues. As you know, the ETS requires employers with 100 or more employees to mandate...more

Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond

As most employers already know, OSHA’s newly announced COVID-19 Emergency Temporary Standard (ETS) is set to take effect January 4, 2022, and will require, among other things, that workers at U.S. companies with at least 100...more

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