Q How should we handle politics in the workplace? We've had one employee posting campaign stickers and another taking them down. A It depends on what state you’re in. In Connecticut, a state law makes it unlawful for...
Employment Law Letter
In a unique case involving ownership and access to social media accounts, the U.S. 2nd Circuit Court of Appeals (which handles federal appeals from Connecticut) recently enforced a noncompete agreement against one of a...
Q How are “wages” determined for covered employees for Colorado’s Family and Medical Leave Insurance Act (FAMLI) program premium assessment? A Wages reportable to the Colorado Department of Labor and Employment’s...
The New Jersey Appellate Division recently upheld a trial court’s dismissal of a former bartender’s hostile work environment and gender discrimination claims partly on the grounds she partook in the “pejorative language...
Q We are a public employer and have several exempt union employees who came in to shovel snow on a holiday they were supposed to have off. Our union members normally get overtime pay if they work on a holiday, but these...
Q How far back are we allowed to verify information (both criminal and previous employer references) when conducting a background check? A Massachusetts has no limit in regard to checking references from previous...
Despite the current labor shortage, some employers may be suffering the lingering effects of increased unemployment claims from prior years. Texas Workforce Commission (TWC) unemployment chargebacks can affect an...
A number of subscribers are public employers whose employees as well as themselves can be sued for all sorts of reasons not applicable to private-sector companies. Here’s one potential lawsuit claim: If a police officer...
Arbitration agreements have long been a standard practice across all industries. With the signing of H.R. 4445 into law by President Joe Biden, however, arbitration agreements are no longer enforceable against sexual...
An “airball,” or a basketball shot that misses the backboard, rim, and net entirely, sums up our appeals court’s recent opinion about the Family and Medical Leave Act (FMLA) retaliation and interference claims filed by a...
Q An employee whose work hours are based on nine-hour days (45 hours per week) is on parental leave. Would her Family and Medical Leave Act (FMLA) leave end when she reaches 480 hours or 12 weeks (which would be 540...
The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its...
Since last year’s monumental Supreme Court decision in Alston curtailing the National Collegiate Athletic Association’s (NCAA) ability to limit student athlete compensation, the landscape continues to shift in...
In the current battle to hire and retain good workers, employers have developed creative ways to balance employees’ increased compensation expectations against the costs of running a business. In addition, restaurants...
What happens when an employee doesn’t return from Family and Medical Leave Act (FMLA) leave and later requests unemployment benefits? The Arkansas Court of Appeals recently addressed the issue. Facts Rachel Hourston...