Employment Law Letter

Baked good distributors aren’t transportation workers, must arbitrate claims

Independent distributors who distributed bakery products weren’t transportation workers or exempt from the Federal Arbitration Act (FAA), a divided panel of the U.S. 2nd Circuit Court of Appeals (which covers Connecticut...

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Political speech can contribute to a hostile work environment

Political expression is not often a factor in workplace discrimination or hostile work environment claims. This is because political opinion is not a protected class, and political speech is not usually discriminatory...

Court restores accommodation claim for employee with pending leave request

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note...

Tips, tip pooling, and tip credits: What can restaurant legally do with its tips?

Employees in a restaurant setting often receive tips, and employers frequently take a “tip credit” toward the minimum wage they must pay (allowing an employer in Arkansas to pay $2.63 per hour to tipped employees if they...

Showing up can be more than half the battle in opposing jobless claims

Employers must be careful to preserve their rights and not cavalierly ignore the need to present their point of view. A recent case before the Arkansas Court of Appeals illustrates what can happen when an employer doesn...

EEOC highlights caregiver discrimination in new guidance

Another month, another article about one of the myriad of employment issues implicated by the ongoing COVID-19 pandemic. This article focuses on recently issued guidance from the Equal Employment Opportunity Commission...

Nebraska voters appear poised to vote on increasing minimum wage to $15 by 2026

Raise the Wage Nebraska, the organization which previously launched a petition seeking to have Nebraska voters raise the minimum wage to $15 per hour by 2026, announced on July 1, 2022, that it has more than enough...

What dementia storyline in This Is Us teaches us about FMLA

For six seasons, fans of the NBC hit drama This Is Us tuned in each week to watch the Pearson Family saga unfold and have a collective soul-cleansing cry. The series delicately weaved in and out of multiple time periods...

SCOTUS decision overturning Roe v. Wade affects employee benefits plan

The U.S. Supreme Court’s (SCOTUS) recent decision in Dobbs v. Jackson Women’s Health Organization will have a significant impact on abortion procedures offered under employee benefits plans. Background On June 24, 2022...

Maine outlaws race-based hair discrimination

The Maine Legislature recently passed a new law prohibiting race discrimination based on hair texture or hairstyle. The law becomes effective on July 18, 2022, and it will apply to all employers and schools across the...

Examining the employer values that employees truly value

With all the upheaval the workforce has seen in the last few years, it’s no wonder employers and employees alike are doing some soul searching. Employees are wondering what their life’s work should be and how to balance...

Jul 31, 2022 · Employment Law Letter · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Delaware Lauren Russell of Young Conaway Stargatt & Taylor, LLP
Maryland Steven E. Bers and David M. Stevens of Whiteford, Taylor & Preston, L.L.P.
New Jersey John C. Petrella and Dina M. Mastellone of Genova Burns LLC
Pennsylvania Dena Calo, Lisa Koblin, Carolyn Pellegrini, and Zachary Kimmel of Saul Ewing Arnstein & Lehr LLP
Virginia Jonathan Mook and Bernard J. DiMuro of DiMuroGinsberg PC