New York is now the latest state to ban all employers from asking about a job applicant’s salary and wage history. The law, which went into effect on January 6, 2020, expands the reach of anti-discrimination laws in New York...more
What happens if you give an employee an accommodation that goes above and beyond what the ADA requires? Can you change your mind down the road and stop providing that accommodation? Or are you stuck providing that...more
Do your employees sign arbitration agreements? If so, do your arbitration agreements prevent employees from joining class actions against your company? Does your company want to start requiring arbitration agreements? If...more
9/17/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Collective Action Waivers ,
Contract Drafting ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Former Employee ,
Hiring & Firing ,
Mandatory Arbitration ,
State Labor Laws
Can you ask a job applicant criminal history? As with so many legal questions, the answer is “it depends” — on where you work, in this case. A recently enacted law will change this answer for Colorado employers beginning as...more
6/12/2019
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
New Legislation ,
State Labor Laws
When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more
3/21/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Hiring & Firing ,
Job Duties ,
Medical Examinations ,
Reasonable Accommodation ,
Reversal ,
Summary Judgment