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When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more

Avoid Possible Tragedy In The Future By Preparing For Disasters And Emergencies Now

The series of tornadoes that ripped through parts of the county last month serves as a potent reminder to employers: having a disaster plan and preparedness training is important....more

No Vaccination, No Service For Indoor Dining, Entertainment, and Fitness in NYC

Enforcement begins soon of New York City’s new executive order requiring certain indoor establishments to verify that staff and patrons have received at least one dose of the COVID-19 vaccine before entering the...more

Growing State and Local Equal Pay Protections

Pay equity will be a focus of the Biden Administration, as was made clear in the White House Proclamation on Equal Pay Day last week. But states are not waiting on the federal government to act; several are moving forward...more

Five New States Approve Marijuana Use, Leaving Employers Dazed and Confused

Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found...more

State and Local Paid Family and Sick Leave Laws Continue to Sweep the Country

Even before COVID-19 hit the United States, state and local governments were busy passing paid family and/or sick leave laws. Unlike the federal, state, and local leave laws which were enacted in response to COVID-19, these...more

Does the ADA Protect Employees from Discrimination Based on Potential Future Disabilities?

The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida,...more

The NLRB Rolls Back the Definition of “Protected, Concerted Activity”

Workers who complain in a group setting will no longer be presumed to be engaged in “protected concerted activity” under the National Labor Relations Act based on a new decision issued last month....more

Filing Bankruptcy May Not Stop EEOC Suits

Hoping that declaring bankruptcy will stay a discrimination or retaliation lawsuit against you brought by the U.S. Equal Employment Opportunity Commission (the “EEOC”) on behalf of a current or former employee? Think again....more

Is The EEOC’s Background Check Guidance In Jeopardy?

Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

Is Your Parental Leave Policy Discriminatory?

Still think only moms are the primary caregivers for children? That ’50s era mindset is the subject of an ACLU charge of discrimination recently filed with the EEOC claiming that JPMorgan Chase’s parental leave policy...more

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