Lusardi v. Xerox Corp. provides the widely used framework for the two-step conditional certification process under the Fair Labor Standards Act (FLSA). This process is now under review by the U.S. 6th Circuit Court of...
Employment Law Letter
A recent decision from the Southern District of Ohio highlights the importance of conducting an individualized assessment before taking adverse action against an individual who takes opioids. Facts Raymond Hartmann...
Wisconsin is one of many states that limits the use of arrest and conviction records when hiring employees. The key exception to the use of a criminal conviction record is whether it substantially relates to the...
Securing the return of company property from departing employees isn’t a new issue for employers, but the increase in remote work since 2020 (sometimes involving long distances) may present additional challenges...
The New Jersey Supreme Court recently sided with those in favor of transparency and ruled certain information about an individual’s employment is considered to be a government record subject to disclosure and not...
Philadelphia Mayor Jim Kenney recently signed bill 220051-A expanding COVID-19 supplemental paid sick leave (SPSL) until December 31, 2023. The law requires covered employers to give eligible employees up to 40 hours of...
When last we addressed marijuana, it appeared Republicans and Democrats in the Virginia General Assembly might come together in a kumbaya moment and agree on a mechanism to regulate commercial pot sales. But divided...
In 2021, the Democratically controlled Virginia General Assembly passed the Virginia Overtime Wage Act, which expanded the state’s overtime requirements beyond those set forth in the federal Fair Labor Standards Act...
Two years ago, the Democratically controlled Virginia General Assembly ratified the Equal Rights Amendment (ERA). In doing so, Virginia became not only the 38th state to endorse the amendment but also the final one to...
Employers sometimes breathe a sigh of relief when an employee resigns, particularly if the individual had performance problems, made discrimination complaints, or engaged in other types of protected activity. But what...
In a unanimous vote, the Massachusetts House of Representatives recently approved H.4554, “an Act prohibiting discrimination based on natural and protective hairstyles.” The legislation’s goal is to protect against...
With employees returning to the physical office, employers are likely going to be dealing with a number of headaches they haven’t had to address during the COVID-19 outbreak. For instance, office romances may be an even...
Processing times for visa petitions at U.S. Citizenship and Immigration Services (USCIS) continue to be very slow across most employment-based and other visa categories. The Trump administration focused U.S. Department...
For some people, loyalty to a particular coffee brand rivals their devotion to a favorite college football team. Kathleen, my spouse, would crawl three miles over broken glass for her Starbucks Americano decaf. I favor...
Employers understand the importance of investigating employees’ harassment complaints. A recent case explains what standards apply to the company’s investigation and what happens if the employer cannot determine who was...