If you’ve had a case pending before the Massachusetts Commission Against Discrimination (MCAD) for quite some time, you may be wondering what the next steps will be. Here is an update on what to expect at the commission...
Employment Law Letter
The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan employers) recently clarified how the Fair Labor Standards Act (FLSA) exemption for educational programs should be applied when some duties don’t...
The COVID-19 pandemic continues to change the legal landscape, this time with the U.S. Department of Labor extending its earlier position that, under certain circumstances, a telemedicine consultation will constitute an...
Q Our company has a paid time off (PTO) policy entitling employees to paid vacation and sick leave. When they request time off, can they choose to use unpaid leave instead if they still have a PTO balance? A In...
Many companies annually prepare business goals and establish incentives for employees if the goals are met. One common incentive is the quarterly or annual bonus. While the reward process seems straightforward, it can...
During the onboarding process, employers often have employees sign various agreements, including arbitration provisions. But what obligation does the employer have to likewise sign the agreements? In a recent federal...
The past decade has seen a marked proliferation of noncompete and trade secrets litigation. In a recent Nebraska Court of Appeals case, an executive took business to a new employer. Even though he had no written...
Q Our company wants to implement a policy to limit personal cell phone usage only to break times. Can we ask workers to put their phones in their work lockers or on their supervisors’ desks? A Generally, as long as you...
In the final throes of 2020, a former Rutgers University employee received a second chance to pursue her whistleblower claim. On December 29, the Superior Court of New Jersey, Appellate Division, reversed a superior...
For the first time in 13 years, the Equal Employment Opportunity Commission (EEOC) has revised its guidance on religious accommodation and discrimination claims. On January 15, after receiving comments from the public...
In 2016, North Carolina was in the national spotlight. Bruce Springsteen was canceling concerts. The NBA All-Star game was moved from Charlotte, and the NCAA and the ACC wouldn’t play their tournaments in the state. It...
The year 2020 was an exhausting one for HR professionals, who were faced with constant workplace challenges ranging from the COVID-19 pandemic to social movements to the presidential election. Now that it’s (thankfully)...
As the nation processed the full impact of protesters’ recent breach of the U.S. Capitol building, the FBI warned of potential armed protests in all 50 states. Many participants in the ransacking have been identified...
Here are some personal musings on the past year and how its lasting lessons may in fact make us all stronger at work and in the most important venue of all, our lives. After all, as Einstein once said, “Failure and...
The Worker Adjustment and Retraining Notification Act (WARN) requires employers of a certain size to give 60-day notice to employees before a mass layoff or plant closing. No notice is required, however, if the mass...