by Paige Good and Harrison Kosmider, McAfee & Taft
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Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Great question; complicated answer. The answer...
Q Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? No, employees don’t need to be employed...
On January 12, 2024, the U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Colorado, New Mexico, Utah, and Wyoming, as well as two other states not included in Mountain West Employment Law Letter)...
During this year’s legislative session, the Maryland General Assembly passed a statute that will require employers to disclose wage information any time they post a job listing, as well as a new law mandating that...
In early October 2024, the U.S. Supreme Court agreed to answer a question that has divided courts across the country: in short, whether an employee in a majority group—white, male, or straight—must offer additional...
Massachusetts Paid Family and Medical Leave (PFML) went into effect on January 1, 2021. Since then, employers have had a number of unanswered questions related to the statute and accompanying regulations. Recently, the...
Q Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? The Federal Labor Standards...
In May 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memo outlining her position that noncompete agreements in employment contracts potentially violate workers’ rights under...
The University of California (UC) acted almost perfectly, investigating claims of professorial misconduct while responding appropriately to disability accommodation requests. But they shared their concerns—and employee...
Governor Gavin Newsom has signed dozens of bills over the past few weeks that may affect your obligations as an employer. Here is a brief overview of some of the most significant ones, going into effect after January 1...
A California appellate court recently decided that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) precluded arbitration of a case where the alleged sexual assault and sexual harassment...
To make sure employment arbitration proceedings move along quickly, a new California law says that “if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting...
Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer...
To what limits must an employer go to offer an accommodation to a disabled employee? In the case below, the employer offered a great deal, but was it enough to avoid further liability? Could the correctional officer...
The increasingly complicated legal battle over the Fair Labor Standards Act’s (FLSA) overtime rule—and the way it defines the exemptions for executive, administrative, professional, outside sales, and computer employees...
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