Among the many overly specific requirements of California employment law, few are more idiosyncratic than the obligation in state wage orders to provide suitable seating for all employees when using the seats doesn’t...
Employment Law Letter
Our best and most consistent advice is to obtain an integrated at-will employment agreement from every employee, including a provision that any prior oral statement that isn’t in the at-will agreement is null and void...
On February 9, Governor Kathy Hochul announced that on February 10, she was ending a divisive rule that broadly forced all businesses and venues without a COVID-19 vaccine mandate to require employees, customers, and...
Many of our subscribers are school districts or public employers whose employment law issues sometimes diverge from those of private businesses. Here is one: Government employers must respect employees’ First Amendment...
Q What are the current COVID-19 rules regarding leave and quarantine for a positive test? Should it begin from symptom onset or from test date? We want to allow employees to return to work as soon as possible, but we...
Q If we pay the premium for employees’ long-term disability (LTD) benefits and they need to use LTD one day, would they owe taxes on the amount they receive? A There are two main types of LTD plans. The first is...
As we await word on the fate of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-weekly-testing mandate for larger employers, it’s clear the U.S. Supreme Court (SCOTUS) doesn’t seem to be in...
At the beginning of the pandemic in 2020, the New York Legislature passed a paid sick leave benefit affording up to 14 days of sick leave. Then, the New York State Department of Labor (NYSDOL) issued guidance in January...
In a recent decision, the U.S. Court of Appeals for the Second Circuit, whose decisions control in New York, held that Hayley Paige Gutman (a renowned bridal designer and social media “influencer” of “Say Yes to the...
Q Can employees be forced to work overtime? What is the legal recourse if they refuse to work overtime that is required? A In Mississippi, other than limitations on the hours of work for minors, there’s no prohibition...
As we wade into the waters of yet another COVID-19 pandemic year, employers seem to be facing more questions than answers when it comes to virus-related topics. Federal vaccine mandates have been hot topics and triggered...
The Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine mandate for larger private employers may not be declared officially dead yet, but it’s certainly on life support after the U.S. Supreme Court...
My teaching portfolio at the UNT-Dallas College of Law of course includes employment discrimination law. Here’s a fundamental principle I always try to impart to students: The facts of a case—no matter how wrong they...
I thought it would be useful to look at an arbitration agreement approved by the U.S. 5th Circuit Court of Appeals (which covers Texas) and, well, take it apart like an engine. We’ll look at why it works to accomplish...
Q If an employer requires COVID-19 testing as a condition of employment, who covers the cost? A Under the current Occupational Safety and Health Administration (OSHA) standard, employers aren’t required to cover the cost...