Employment Law Letter

10th Circuit ruling shows Bostock case's impact on Title VII litigation

In the wake of the U.S. Supreme Court's landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBTQ community, many have wondered how the decision might affect other...

Sep 30, 2020 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

NLRB expands employer options for social media, nondisparagement rules

Employees often believe anything goes when it comes to social media expression. But the National Labor Relations Board (NLRB) recently provided clarity on the types of social media activity employers may regulate, giving...

Chemist's associational discrimination claim fails to bond

One of the unusual features of the Americans with Disabilities Act (ADA) is that it includes a provision prohibiting discrimination "because of the known disability of an individual with whom [the employee] is known to...

Back to school brings a new wave of COVID-19 policies and questions

With many families facing uncertainty involving their children’s schools, questions about the applicability of the Emergency Family and Medical Leave Expansion Act (EFMLEA) provided under the Families First Coronavirus...

Issues to consider before transitioning to permanent remote workforce

The COVID-19 pandemic may have permanently changed the future of work. From banking to insurance and the legal industry, employers have embraced remote work for employees. Before March 2020, many companies allowed only a...

Things to consider before requiring employees, visitors to wear face masks

Wearing a face covering has become a political signal in the polarizing clash between those who see doing so as a moral responsibility and others who view it as an infringement on their freedom. Consequently, employers...

Help! Some of my employees say they can't wear face masks

In light of Minnesota Governor Tim Walz's recent Executive Order requiring face masks in most indoor work settings, many employers are wondering how to deal with employees who say they cannot wear a mask due to a medical...

Right on time? Watch out for predictive scheduling laws

Several major cities (and one West Coast state) recently adopted predictive scheduling laws, which require employers to post work schedules more than one week in advance. While the Midwest region hasn’t yet seen an...

Employees may have heavy burden in showing disparate treatment

While employers are understandably concerned about disparate treatment claims, the courts have become increasingly demanding in what they require from employees to establish the employer actually treated them differently...

Employer’s failure to do its homework leads to six-figure defamation award

A Louisiana employer’s allegations during a hearing about a former employee’s unemployment benefits claim—that she had engaged in fraud—resulted in a $224,000 judgment in her favor for defamation of character. The case...

4th Circuit lets Facebook employee's race claim proceed

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all North Carolina employers) recently held a trial court erred in dismissing a Facebook employee’s claim he was turned down for a promotion based on his race...

Most employers must provide COVID-19-related leave to employees

An Ohio employee sued after being terminated for self-quarantining because of COVID-19. Although her lawsuit is pending in the U.S. District Court for the Northern District of Ohio, federal laws do require most employers...

3 ways to improve succession planning in your organization

For many employers, risk management includes succession planning. One goal is to avoid or reduce business interruptions and maintain momentum toward achieving your objectives. Another goal is to avoid the unnecessary...

Sep 22, 2020 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

What TN employers need to know about new COVID-19 liability law

As Tennessee employers have phased into (and out of and back into) various stages of reopening during the COVID-19 pandemic, the primary concern for most has been keeping on-site workers as safe as possible and their...

Q - A: When to let coworkers know about COVID-19 exposure

Q We are an employer with approximately 400 employees, and we are aware a couple of our workers have tested positive for COVID-19. Are we required to notify all employees about the coworkers who have tested positive for...

Arkansas Stephen W. Jones of Jack Nelson Jones, PLLC, and Audra Hamilton and Nathan Read of Mitchell Williams
Kansas Boyd A. Byers, Teresa L. Shulda, and Tara Eberline of Foulston Siefkin LLP
Missouri Robert A. Kaiser, Jeremy Brenner, and Ida S. Shafaie of Armstrong Teasdale LLP
Oklahoma Charles S. Plumb, Courtney Bru, Paul Ross, Philip Bruce, and Jacob Crawford of McAfee & Taft

Delaware Lauren Russell of Young Conaway Stargatt & Taylor, LLP
Maryland Steven E. Bers and David M. Stevens of Whiteford, Taylor & Preston, L.L.P.
New Jersey John C. Petrella and Dina M. Mastellone of Genova Burns LLC
Pennsylvania Dena Calo, Lisa Koblin, Carolyn Pellegrini, and Zachary Kimmel of Saul Ewing Arnstein & Lehr LLP
Virginia Jonathan Mook and Bernard J. DiMuro of DiMuroGinsberg PC

Illinois Steven L. Brenneman and Kelly Smith-Haley of Fox, Swibel, Levin & Carroll, LLP
Indiana Brian R. Garrison of Faegre Drinker
Michigan Gary S. Fealk and John T. Below of Bodman PLC
Ohio Fred G. Pressley, Jr., Jourdan D. Day, and John M. Stephen of Porter Wright Morris & Arthur LLP
Wisconsin Saul Glazer, Troy D. Thompson, Michael J. Westcott, Leslie A. Sammon, and Heath Straka of Axley Brynelson LLP

Kentucky Richard S. Cleary, John T. Lovett, Robert D. Hudson, and Kathleen Biggs Wright of Frost Brown Todd LLC
North Carolina Richard L. Rainey of Womble Bond Dickinson (US) LLP
South Carolina Richard J. Morgan, James K. Gilliam, Jonathan C. Eggert, and Chandler E. Aragona of Burr & Forman LLP
Tennessee Kara E. Shea and David Johnson of Butler Snow LLP
West Virginia Larry J. Rector and Allison B. Williams of Steptoe & Johnson PLLC

Alabama Albert L. Vreeland and David J. Middlebrooks of Lehr Middlebrooks Vreeland & Thompson, P.C.
Florida G. Thomas Harper of The Law and Mediation Offices of G. Thomas Harper, LLC, Lisa Berg and Andrew Rodman of Stearns Weaver Miller, and Robert J. Sniffen and Jeff Slanker of Sniffen & Spellman, P.A.
Georgia Raanon Gal of Barnes & Thornburg LLP, Glianny Fagundo of Thompson Hine LLP and Chris Butler of the Chris Butler Firm
Louisiana H. Mark Adams and Jennifer Kogos of Jones Walker LLP
Mississippi Martin J. Regimbal of The Kullman Firm

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