The 9th Circuit recently ruled that a high-school football coach's after-game, on-field prayer sessions weren't protected by the U.S. Constitution. Facts Joseph Kennedy was a football coach at a public high school in the...
Employment Law Letter
Former employees alleging age discrimination have the burden to prove the employment decision in question hinged on their age. In a recent case arising in Nebraska, the U.S. 8th Circuit Court of Appeals (which has...
Signaling the beginning of a likely major policy shift, Peter Ohr, acting General Counsel (GC) of the National Labor Relations Board (NLRB), recently revoked 12 administrative guidance memoranda issued by his predecessor...
The debate over what makes a worker an employee versus an independent contractor has been raging for years—throughout presidential administrations of both political parties. Sometimes employers work under a strict...
Title VII of the Civil Rights Act of 1964 is a federal statute that provides antidiscrimination protections for workers. The protections, however, apply only to "employees." Recently, the 4th Circuit (which covers North...
Last November, Portland voters approved a referendum mandating “emergency pay” for workers on-site in the city. During state and city emergencies, employees are entitled to at least 1.5 times the minimum wage. Proponents...
Under federal and state antidiscrimination statutes, most employers must provide reasonable accommodations to employees who experience a disability that interferes with their performance. The U.S. 4th Circuit Court of...
On January 21, 2021, President Joe Biden signed an Executive Order (EO) directing the labor secretary, acting through the Occupational Safety and Health Administration (OSHA), to issue “revised guidance to employers on...
The Minnesota Supreme Court recently issued an employment law decision that will have a significant impact on HR policies across the state. Even when an employee handbook contains a general disclaimer stating no parts of...
After being cooped up for nearly a year because of COVID-19, many employees may be looking to take spring break getaways in the coming months. As is the case with most issues involving the pandemic, however, the travel...
With COVID-19’s negative impact on employee staffing levels and companies’ ability to operate, many employers have considered offering bonuses or other incentives to those who voluntarily receive the vaccine. But are the...
Editor’s note: St. Louis attorney Robert A. Kaiser, who was interviewed for this story (which first appeared in the HR Daily Advisor), is a longtime editor of Missouri Employment Law Letter and a contributing editor to...
As we hopefully head toward widespread COVID-19 vaccinations and back to some sort of new normal, employers should remember business information is often valuable because it’s secret, and it’s secret and protectable only...
On January 21—President Joseph R. Biden, Jr.’s second day in office—he issued an Executive Order (EO) titled “Protecting Worker Health and Safety,” directing the Department of Labor (DOL) and the Occupational Health and...
In an unpublished opinion, the U.S. District Court for the District of New Jersey recently granted an employer’s request to dismiss race, age, and disability discrimination claims filed by a former employee who suffered...