Earlier this year, President Joe Biden extended the previous administration’s national emergency declaration regarding COVID-19. In an attempt to ease the pandemic-related effects on employers and employees, the U.S...
Employment Law Letter
Governor Jay Inslee recently signed Engrossed Substitute House Bill (ESHB) 2076 into law, making Washington the first state to require minimum per-trip payments, paid sick leave, and workers’ compensation benefits for...
Walmart classified a freelance model as an independent contractor in good faith and therefore didn’t owe any waiting-time penalties under California Code Section 203 for failing to pay her immediately after photo shoots...
In a recent Mississippi state law case, an employee was terminated for actions he took outside of work but while using his employer-issued cell phone. The case serves as a reminder that workers’ off-the-clock actions can...
Does your company require employees to sign agreements to arbitrate any disputes arising from their employment contracts? Then a recent U.S. Supreme Court case serves as a cautionary tale for those of you looking to...
Physicians aren’t automatically “supervisors” under the National Labor Relations Act (NLRA), according to a recent decision by Region 10 of the National Labor Relations Board (NLRB). Although doctors have the authority...
Those familiar with the oil and gas industry know workers are often paid a day rate. For some, the pay can be lucrative. One such worker was Michael Hewitt, a tool pusher for Helix Energy Solutions Group. He was paid...
On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) issued guidance to caution employers about using artificial intelligence (AI) and software tools to make...
The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to...
In 2021, Nevada became the latest state to enact a “kin care” leave law, which provides a leave of absence from work so employees can care for an immediate family member. While many businesses are sensitive to workers’...
President Joe Biden has made clear he intends to be “the most pro-union president you’ve ever seen.” The National Labor Relations Board’s (NLRB) recent initiatives under the direction of General Counsel (GC) Jennifer...
A New Jersey Appellate Division panel recently affirmed the dismissal of an employee’s case holding her termination wasn’t in violation of her free-speech protections. After losing her job for posting racist comments on...
The New Jersey Appellate Division recently upheld the trial court’s dismissal of a state trooper’s failure-to-promote, hostile work environment, and retaliation claims. The appellate court rejected the officer’s New...
Employers using agreements that require employees to arbitrate employment law claims should take note of a decision by the U.S. 4th Circuit Court of Appeals (the federal appellate court with jurisdiction over North...
On March 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued guidance on forms of prohibited retaliation under various laws the agency enforces, including the Fair Labor Standards Act (FLSA)...