In a recent string of decisions, federal courts have concluded that use of racial epithets even on one occasion is sufficient to constitute a hostile work environment under Title VII. Thus, use of the N-word and other...more
When an employer provides an employee with a release and settlement agreement, the document regularly includes provisions that prohibit the employee from criticizing the employer and related parties. Several years ago, the...more
For years, federal courts have held that pregnancy and sex discrimination laws do not require employers to affirmatively accommodate breastfeeding by employees. However, a recent line of cases has blurred this conclusion,...more
In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur...more
Under federal labor law, employees involved in a labor dispute with their employer have the right to seek assistance from the company’s customers. On August 14, the National Labor Relations Board (NLRB) rejected a claim from...more
Employers continue to face disability discrimination claims from employees who argue that their medical conditions give them a right to work from home as a reasonable accommodation under the Americans with Disabilities Act...more
Contrary to the Equal Employment Opportunity Commission’s (EEOC) position discussed in last week’s EmployNews, federal courts continue to allow employers to require employees to actually come to work. Last month, the Fifth...more
On July 6, the full Eleventh Circuit Court of Appeals declined to hear the appeal of a case dismissing a sexual orientation bias claim under Title VII for lack of jurisdiction. This decision creates a split among the federal...more
Employees taking leave under the Family and Medical Leave Act (FMLA) are entitled to be reinstated to their previous job or to an equivalent position. The equivalent position must be the substantially the same in terms of...more
The Americans with Disabilities Act (ADA) encourages employers to engage in an interactive process with disabled employees to determine if there are reasonable accommodations that allow the employee to perform the essential...more
Most employers know that they can be held liable in some situations based on negligent hiring or retention of an employee who harms a third party. A new decision from the Seventh Circuit Court of Appeals cautions employers...more
A politically divided nation can mean a politically divided workplace. While employers generally hesitate to react to employees’ expression of political views, some comments viewed as extreme, threatening or inconsistent with...more
When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex. Perhaps the hottest issue in employment discrimination law today is whether that ban on gender discrimination includes discrimination on...more
The scenario is familiar to employers responding to a Charge of Discrimination filed with the Equal Employment Opportunity Commission (EEOC). Even though the Charge only includes claims of discrimination by one person, the...more
Over the past several years, the National Labor Relations Board (NLRB) has repeatedly found that standard employee handbook provisions violate employees’ rights under Section 7 of the NLRA. These cases conclude that a variety...more
The federal Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) were enacted to protect U.S. businesses and individuals from computer hacking and industrial espionage. In recent years, employers and...more
Employers sometimes struggle determining appropriate disciplinary action in the event of relatively low level sexual harassment. Many companies take a no tolerance approach, concluding that keeping the harasser employed makes...more
Most employers know that qualified employees are entitled under the Family and Medical Leave Act (FMLA) to take unpaid leave from work to care for a spouse, child or parent with a serious health condition. What happens when...more
As reported in EmployNews, last month in its Salinas decision, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) adopted a new, broader test for determining when two entities are joint...more
Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more
Title VII of the Civil Rights Act protects employees against sexual and other types of harassment that result in a hostile and offensive working environment. What happens when the alleged harassment involves customers of the...more
Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more
2/8/2017
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Construction Industry ,
Corporate Counsel ,
Dismissals ,
Fair Labor Standards Act (FLSA) ,
General Contractors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
Reversal ,
Subcontractors ,
Wage and Hour
For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a...more
In its December Vaughn decision, the Fifth Circuit Court of Appeals concluded that plaintiffs in age discrimination cases may not collect compensatory or punitive damages. The court based its decision on its interpretation of...more