The saying “elections have consequences” may be about to be proven true in the context of labor law. It doesn’t require a political judgment to recognize that if the Biden administration follows through on the Democratic...
Employment Law Letter
Often, employees will surreptitiously record supervisors, managers, or coworkers in the workplace in an attempt to gather evidence to support a discrimination claim. Even if the employer has a “no recording” policy in...
We can all agree 2020 was a dumpster fire difficult year for employees and employers alike. As we enter 2021, it’s a good time to reexamine our workplaces and look for ways to make improvements for the business and our...
Q Thirty months ago, we promoted an individual to a position that requires a special license and included a pay raise. He has repeatedly failed to get his license and, as a result, has never been able to perform the job...
More than 30 years ago, the Washington Supreme Court ruled defense counsel may not engage in ex parte (or one-party) communications with a suing employee’s treating physician. The Loudon rule, as it’s known, was...
In an historic first, Virginia is on the verge of becoming the first state in the South to legalize and regulate recreational marijuana use. This follows the Commonwealth’s recent moves to legalize medical marijuana and...
A New York federal court ordered the Trump administration to reinstate the Deferred Action for Childhood Arrivals (DACA) program on December 4, 2020. A few days later, the U.S. Department of Homeland Security (DHS) and...
The Vermont Supreme Court recently issued its third major opinion in an employment law case with a long and complex history. While the issues in the appeal (and there are many) are interesting, one is particularly...
Almost nine months have passed since the Upper Midwest began feeling the impact of the 2019 novel coronavirus. In the second week of March 2020, dozens of state and local governments began enacting shelter-in-place...
The long-awaited COVID-19 vaccine’s arrival has provided a ray of sunshine for employers hoping for a better 2021. But it also raised a slew of questions: How long until my workforce has access to it? Can I require all...
The Americans with Disabilities Act (ADA) provides protection for people with disabilities, but it isn’t absolute, as the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers) pointed out in a recent...
Pennsylvania courts recently issued a series of decisions clarifying medical marijuana patients’ employee rights—one related to unemployment compensation (UC) and the others focusing on private rights of action (or...
As many have likely heard, multiple COVID-19 vaccine candidates have rapidly reached the final stages of development and are showing extraordinary effectiveness. The vaccines are beginning to be submitted to the Food and...
In our pandemic world, mental health is important, and normal stressors such as work, finances, education, and childcare have been exacerbated by health concerns, exhaustion, isolation, and alienation. For essential...
The Americans with Disabilities Act (ADA) generally prohibits employers from making disability-related inquiries or tests of its employees and job applicants, unless they are job-related and consistent with business...