The New Jersey Appellate Division recently upheld the dismissal of a 49-year-old nurse’s age discrimination case against St. Peter’s University Hospital. The nurse, who was fired after using force to restrain a hospital...
Employment Law Letter
A North Carolina federal court recently dismissed an employee’s retaliation complaint. One fact the court took issue with is that the employee didn’t allege the decision makers were aware of his previous equal employment...
During the past several presidential transitions, it has become a trend for the incoming administration to repeal or delay many regulations and guidance documents issued in the waning days of the previous administration...
Ambiguous and confusing communications by an employer and benefits administrator to an employee about her Family and Medical Leave Act (FMLA) and short-term disability (STD) leave requests created issues of fact for a...
A recent decision by the U.S. District Court for the Southern District of Ohio illustrates the relatively low bar an employee must clear to proceed with a regarded-as-disabled claim. Facts Douglas McGonegle worked for...
The federal Occupational Safety and Health Administration (OSHA) has been under scrutiny and criticized, both inside and outside the government, for its response to COVID-19. In January 2021, President Joe Biden issued...
As the COVID-19 outbreak begins to subside, many employers are preparing to call employees back to the workplace. What’s the best way to go about it? And can you now refuse to let employees work from home as a reasonable...
On March 11, President Joe Biden signed into law the $1.9 trillion stimulus package called the American Rescue Plan Act (ARPA). While the final version of the bill didn’t include a much-debated increase in the federal...
Some legal cases seem to go on indefinitely. Take, for example, former Gloucester County high-school student Gavin Grimm's litigation against the Gloucester County School Board alleging gender-identity-based...
The New Jersey Appellate Division recently upheld the dismissal of a 49-year-old nurse's age discrimination case against St. Peter's University Hospital. The nurse, who was fired after using force to restrain a hospital...
An employee can’t file a claim for a particular type of discrimination in court if he didn’t specifically identify the type of bias in an administrative complaint before the state agency charged with investigating such...
The Occupational Safety and Health Administration (OSHA) launched a national emphasis program (NEP) in March 2021 to focus its COVID-19 enforcement efforts. The NEP will remain in effect for up to a year, although the...
Flexible spending account (FSA) rule changes now permit carryover amounts through 2022, new benefit election flexibility, and other changes intended to help employees with health costs during the COVID-19 outbreak. The...
Last summer, Virginia became the first state in the nation to adopt mandatory workplace safety rules to prevent the spread of COVID-19 by approving an emergency temporary standard (ETS) for infectious disease prevention...
The Old Dominion has become the first state in the South and the 16th overall to legalize marijuana. With only hours to go before the end of this year’s legislative session, the state senate and house of delegates struck...