Employment Law Letter

‘What’s a guy got to do to get a claim around here?!’

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...

Feb 28, 2022 · Employment Law Letter · Texas

Arbitration deconstruction: Let’s take a look at the mechanics

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...

Feb 28, 2022 · Employment Law Letter · Texas

Paying for COVID-19 testing costs

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...

Feb 28, 2022 · Employment Law Letter · Texas

Employee helping mom care for dad raises FMLA quandary

Q An employee's dad is being flown to another hospital for COVID-19 treatment. She needs to drive her mom to the new hospital and therefore will miss at least one day of work. Would her time off qualify as Family and...

Feb 28, 2022 · Employment Law Letter · Texas

Tips for navigating Iowa COVID-19 workplace requirements

At the time of this posting, the Biden administration has rescinded the Occupational Safety and Health Administration’s (OSHA) vaccine-or-test mandate for employers with at least 100 employees. Similar rules for federal...

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Recreational pot in the Old Dominion? It’s complicated

In 2021, Virginia became the first state in the Deep South to legalize marijuana. As a consequence, employers in the Commonwealth have been bracing themselves for the impact legal marijuana use may have on their...

Free over-the-counter COVID-19 tests (if you can find them)

COVID-19 tests are now available over-the-counter (OTC) (if you can find them) through pharmacies, retail stores, and online retailers, and health plans must cover the cost, according to recent guidance from several...

Seattle OLS announces rulemaking for new independent contractor law

The Seattle Office of Labor Standards (OLS) recently announced it will conduct an administrative rulemaking process related to the city’s new independent contractor protections (ICP) ordinance. The OLS will hold five...

Biden administration steps up website accessibility enforcement

The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to concerns that the companies’ COVID-19 vaccine registration websites weren’t accessible to...

Customer contact info may be trade secret, Georgia federal court rules

The U.S. District Court for the Northern District of Georgia recently decided a case involving trade secrets and restrictive covenants after a former employee took a customer contact list with him when he left to work...

What’s next for healthcare employers after Supreme Court CMS vaccine stay

The U.S. Supreme Court upheld the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate for many healthcare employees in a ruling issued on January 13, 2022. The Court granted a stay (or hold) against...

More flexibility with Form I-9 compliance expected in 2022

Like nearly all aspects of employment law today, immigration law hasn’t been immune from the effects of the COVID-19 pandemic. The trend is likely to continue throughout 2022, particularly with regard to employment...

Address your I-9 questions and concerns before official audit

Q Should an employer conduct an I-9 internal audit? A Yes. Any company’s HR department should regularly review their I-9 records for their employees. In light of the Department of Homeland Security’s (DHS) temporary...

Leave to seek custody not automatically covered by FMLA

Q An employee will need time off to attend out-of-state court hearings to request custody of her granddaughter. Would her leave fall under Family and Medical Leave Act (FMLA) protection? A FMLA protection exists to...

You can force employees to work overtime, but be aware of restrictions

Q Can employees be forced to work overtime? What is the legal recourse if they refuse to work overtime that is required? A Yes, employers can force employees to work overtime and fire them if they refuse to do so. The...

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Employment Law Letter

Connecticut Editors