Employment Law Letter

Interactive process not triggered until employee brings up need for accommodation

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified...

Sep 30, 2022 · Employment Law Letter · 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

Clear, effective social media policies protect reputation and reduce risk

Generally speaking, you can prohibit your employees from engaging in certain activities (including social media use) during work hours or while using your equipment and/or communication systems—and discipline them for...

Time to revisit and update your COVID-19 policies

During July 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance. The new standards set forth important updates and clarifications regarding COVID-19 testing, vaccine mandates...

Danger, Will Robinson! Wage assignments can lead to big trouble

In the 1960s science fiction television series Lost in Space (and the more recent Netflix reboot), a space-faring family befriends a robot who protects them from various intergalactic perils. The youngest member of the...

ABC not easy as 1-2-3: NJ Supreme Court issues employment misclassification decision

On August 2, 2022, the New Jersey Supreme Court issued a unanimous opinion stating that workers previously classified as independent contractors were actually employees of a drywall installation business. The court also...

Nebraska voters will vote to increase minimum wage to $15 by 2026

It’s official: Nebraska voters will vote on whether to raise the state’s minimum wage to $15 per hour by 2026. Earlier this summer, we reported on the petition drive and the submission of signatures, which have now been...

Mooresville hotel settles EEOC suit

The Equal Employment Opportunity Commission (EEOC) has announced that T.M.F. Mooresville, LLC, which operates as Hampton Inn & Suites Mooresville/Lake Norman, has agreed to pay $60,000 and provide other nonmonetary...

Employee fails to connect racial acts to adverse action

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her...

Despite violating numerous policies, flight attendant wins initial day in court

A recent jury verdict against Southwest Airlines and the Transport Workers Union of America, Local 556 is an interesting study in the tension between an employer’s right to police an employee’s statements on social media...

Sep 18, 2022 · Employment Law Letter · 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

NLRB proposes sweeping changes to joint-employers standard

The National Labor Relations Board (NLRB) is responsible for overseeing relations between labor and employers for both unionized and nonunionized workplaces and for administering the National Labor Relations Act (NLRA)...

USCIS extends compliance flexibilities implemented during COVID-19 pandemic

Over the last few years, the U.S. Citizenship and Immigration Services (USCIS) has relaxed various compliance requirements, recognizing they had become impracticable during the COVID-19 pandemic. On July 25, 2022, the...

‘God’s Favorite Idiot’ in the workplace

The Netflix series God’s Favorite Idiot puts a new spin on the workplace comedy. The show begins with a seemingly normal midlevel tech employee, Clark (played by Ben Fal-cone), getting struck by lightning while searching...

I can’t resign—I quietly quit! Remote work brings more employment challenges

We have written before about the great resignation—four million people per month leaving their jobs, and often leaving the workforce altogether. That statistic has led to a worker shortage that has employers scrambling...

Sep 18, 2022 · Employment Law Letter · California

So you’ve landed a new hire—now what?

Employers across the country have struggled in recent years to find and keep qualified employees. The pandemic exacerbated the problem, making it more important than ever to keep new employees engaged. Of course...

Sep 04, 2022 · Employment Law Letter · 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

Court teaches lesson in handling abusive customer conduct

Workplace violence is a serious issue, and California has a statute that makes it relatively easy to obtain an injunction against a person who has displayed or has threatened workplace violence. But is aggressive, rude...

Sep 04, 2022 · Employment Law Letter · California

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

Employment Law Letter

Mid-Atlantic Editors