Wyoming News & Analysis

  • Wyoming school district expels longtime employee's ADA claim

    Employers often face long-term accommodation challenges when employees are diagnosed with chronic degenerative diseases. As an employee's limitations increase, the employer's decisions about accommodations—and sometimes continued employment—become more difficult. A Wyoming school district successfully navigated those challenges and recently defeated an employee's disability discrimination claim.

  • Individual coverage HRAs probably not option for 2020

    On his very first day in office, President Donald Trump issued an Executive Order instructing federal agencies to lessen the Affordable Care Act's (ACA) burden on the organizations and individuals who were subject to its requirements. More than two years later, the ACA is limping along, but the Trump administration is still working to carry out that order.

  • How to identify and minimize employee burnout

    You may have seen reports recently that the World Health Organization (WHO) has classified employee burnout as a diagnosable medical condition. While that's not exactly accurate, the group has expanded its definition of the term in its latest edition of the International Classification of Diseases.

  • It's not me—it's you: how to break up with your employees

    Relationships—both personal and professional—can be complicated. Just like first dates, job interviews offer candidates the chance to show a prospective employer the best possible version of themselves: smart, charming, funny, and responsible. As an employer, you ask exploratory questions about a candidate's background, education, interests, and goals for the future to see if it's a good fit. If you both agree that it is, you start a relationship.

  • No smoking, please: offering cash and other bonuses to tobacco quitters

    Q Can we offer a small cash bonus to employees who are nonsmokers (verified by a short questionnaire) or who smoke/chew tobacco but complete a smoking cessation program? Is there a cap on how much we can offer or how the bonus can be paid?

  • Getting into the weed(s) about CBD

    As of early March, CBD oil and other CBD products can be legally sold in Wyoming. If you pay attention to social media, CBD might be the cure-all for whatever ails you, your grandmother, your neighbor, and several of your employees. We predict some creative employee will try to blame his positive drug test on his ample use of CBD oil for the lingering pain from his high school football injury or his latest workplace strain. The informed employer should reject such explanations.

  • Fired Wyoming vet's suit against boss goes to the dogs

    Can the boss get sued personally for firing an employee? The Wyoming Supreme Court recently answered that question in favor of the boss, even though he was also the company owner.

  • DOL updates opinion on independent contractors for the gig economy

    Under the Trump administration, the U.S. Department of Labor (DOL) has taken a decidedly industry-friendly approach to the independent contractor analysis. If there was any doubt before, that was made clear by its recent issuance of a whopping 10-page opinion letter examining the nature of the relationship between a virtual marketplace company (think Uber) and the "gig" workers they employ (e.g., Uber drivers).

  • Supreme Court ruling raises stakes in Title VII claims

    If an employee files a timely Equal Employment Opportunity Commission (EEOC) charge, can she later raise new discrimination allegations after the filing deadline has passed? That's the issue addressed in a new decision from the U.S. Supreme Court. Spoiler alert: The answer is no, unless the employer—or more accurately, its attorney—doesn't notice. To understand the Court's ruling, it's helpful to understand the EEOC's role in discrimination claims.

  • FMLA leave to get parent settled at nursing home?

    Q An employee who is eligible for Family and Medical Leave Act (FMLA) leave has asked to use it to spend time with her father, who is in a nursing home but having difficulty settling in. He has dementia and will listen only to family members. Is this a qualifying event? The employee wouldn't be her father's primary caregiver.