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The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way this is...

Oct 01, 2024 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

Hospitality employers take note: The Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (FLSA) that allows employers to pay tipped employees a lower...

Oct 01, 2024 · Employment Law Letter · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia

Discovery is the foundation of any litigation. It’s the process of unearthing facts and developing evidence to be presented to a fact finder, whether that be a judge or a jury, to aid in a final determination on an...

Oct 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

There’s no federal workplace violence prevention standard, and Occupational Safety and Health Administration (OSHA) regulations don’t expressly address workplace violence. Yet, after a convenience store employee was shot...

Oct 01, 2024 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

Q An employee has taken 39 days off (20 days paid, 18 days unpaid, and one no-show) and is now requesting an additional three days off. We haven’t taken disciplinary action yet, but our policy requires verbal, written...

Oct 01, 2024 · Employment Law Letter · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

Q What are the guidelines for when employees, current or former, request a copy of their personnel file, and what files are required to be provided upon request? When it comes to an employee’s or former employee’s...

Oct 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Beginning on January 1, 2024, eligible Colorado employees can take paid leave for a variety of circumstances under the state’s Family and Medical Leave Insurance (FAMLI) program. Given that the FAMLI program is still in...

Oct 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

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, there’s no length-of-employment or...

Oct 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

Retaliation claims are very dangerous for Texas employers. This is why any advantage is very welcome. So, a case that came out in September from the federal appeals court covering Texas is welcome news. Coach complains...

Oct 01, 2024 · Employment Law Letter · Texas

With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there’s nothing new about political coverage increasing during...

Oct 01, 2024 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

We occasionally hear from clients asking if their employees have to be employed for 12 months and work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA) or if they qualify as soon as they begin...

Oct 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

The Massachusetts Department of Industrial Accidents (DIA) and Massachusetts Department of Unemployment Assistance (DUA) recently updated their mandatory workplace posters and related employer notice requirements. Here’s...

Oct 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont