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Internal Employee Grievance Committees Can Violate Federal Labor Laws

When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

Fourth Circuit Says ADA Does Not Require Employers to Reallocate Nonessential Work Functions

When facing requests from a qualified disabled worker, the Americans with Disabilities Act allows employers to choose an effective accommodation, even if it is not the one preferred by the employee. Earlier this week, the...more

Fourth Circuit Says ADA Accommodation Request Must Relate to Employee's Medical Condition

When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more

Confidential Information Agreement Adds Layer of Protection From Misuse of Proprietary Business Data

As a result of the recent string of legislative and regulatory efforts to curb or eliminate the use of non-competition agreements in employment, employers may have lost sight of relatively non-controversial measures they can...more

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more

Executive's Race Bias Claim Over Termination for Podcast Comments Tossed by Fourth Circuit

Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more

In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more

Fourth Circuit Rejects Comparator Evidence in Equal Pay Claim

In order to prevail in an Equal Pay Act claim, the plaintiff must demonstrate that she was paid less than a comparable male employee. When the two employees have distinctly different job duties and responsibilities,...more

Employer Justified in Terminating Manager Over Disparaging Mask Mandate Comments

Litigation over employment issues relating to the COVID-19 pandemic is finally reaching the trial and appellate courts. This week, the Tenth Circuit Court of Appeals affirmed dismissal of a lawsuit from a warehouse manager...more

Employees Can Maintain FLSA Claims Without Detailing Hours Worked

The Fair Labor Standards Act’s executive exemption applies to managers whose primary job function involves the supervision of two or more full time equivalents. In recent years, a large number of retailers, hospitality...more

Supreme Court to Review Scope of Arbitration Exclusion for Transportation Workers

The Federal Arbitration Act (FAA) requires state and federal courts to defer to private arbitration agreements entered into between parties, including employers and employees. Employers often use arbitration agreements to...more

North Carolina Appellate Court Says Termination for Discussing Investigation Is Not REDA Retaliation

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits employers from terminating or taking other adverse action against employees who complain about violation of rights protected under certain state...more

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Minor Medical Conditions Can Be Dismissed in Disability Lawsuits

In 2008, Congress amended the Americans with Disabilities Act (ADA) to expand the definition of protected medical conditions under the statute. The amendments were in part a response to a series of cases where federal courts...more

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more

Employees on Extended Leave Can Be Required to Make Up Missed Work

The Family and Medical Leave Act (FMLA) provides covered employees with up to 12 weeks of job-protected leave, if they or a close family member have certain medical conditions. Last week, the Third Circuit Court of Appeals...more

Fourth Circuit Says Negligence Not Grounds for Awarding Additional Year of FLSA Overtime Pay

Employers that fail to pay required minimum wage or overtime under the Fair Labor Standards Act are liable for the amount of missed wages: doubled, plus attorneys fees, costs, and interest. The court can award such damages...more

Fourth Circuit Affirms Rejection of FMLA Retaliation Claims

The Family and Medical Leave Act prohibits employers from interfering with or retaliating against an employee who requests FMLA leave. Last week, the Fourth Circuit Court of Appeals (which includes North Carolina, South...more

Third Circuit Revives Harassment Claim Involving Harassment by Psychiatric Center Patient

When defining what conduct constitutes a hostile and offensive working environment under Title VII, the U.S. Supreme Court directs lower courts to look at the context of the behavior in the specific workplace at issue....more

Ninth Circuit Says Rap Lyrics Can Create Hostile Work Environment

Given the wide availability of quality headphones, you may wonder why employers would still allow employees to play music at work that could annoy co-workers. A recent decision from the Ninth Circuit Court of Appeals reminds...more

Eighth Circuit Says Employer Not Obligated to Allow Service Dog at Work

In recent years, the use of service dogs and other animals has expanded from assisting persons with visual impairments to others with chronic diseases or psychological disabilities. The Americans with Disabilities Act...more

North Carolina Court of Appeals Upholds Use of Noncompete by Distressed Business

In order to seek enforcement of a noncompetition agreement in North Carolina, the plaintiff must show that it is protecting a legitimate business interest. What happens when the company seeking to enforce the agreement has...more

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more

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