A noncancerous gene mutation can be a disability covered by the Americans with Disabilities Act (ADA), the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) recently decided, overruling the...
Employment Law Letter
On July 20, the U.S. Department of Labor (DOL) issued new notice and certification forms for employers to use when administering Family and Medical Leave Act (FMLA) leave. Although you can continue to rely on the old...
An employer that terminated a female employee who left work early to attend to what an appeals court called an “inherently female” emergency situation must face a jury trial on a gender discrimination claim. Facts...
The city council for Oklahoma City recently adopted an emergency city ordinance in response to the ongoing COVID-19 pandemic. In short, the ordinance requires that “all persons shall wear face coverings when entering and...
A recent Oregon court decision based on facts arising long before COVID-19 may shed light on some of the issues facing employers when employees raise virus-related safety concerns. Facts Margherita Vergara was a...
A deceased Philadelphia area man’s family recently filed Pennsylvania’s very first COVID-19-related wrongful death and survival suit against his former employer—a titan of the beef-processing industry—in the Philadelphia...
Philadelphia lawmakers have enacted an ordinance protecting COVID-19 whistleblowers from retaliatory employment actions if they sound the alarm at work. The city council passed the ordinance on June 25, and Mayor Jim...
COVID-19 has raised an unprecedented number of new concerns for the Occupational Safety and Health Administration (OSHA) and the employers required to follow its guidance. On July 22, employees at a Pennsylvania...
Federal law (as well as many states’ laws) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way many employees seek to...
Q Does a new father have to start Family and Medical Leave Act (FMLA) leave the day his child is born, or can he wait three months until after the mother returns to work and then take his leave? A Under the FMLA, an...
Q We're planning to allow employees with underlying health conditions to telecommute as a temporary reasonable accommodation during the COVID-19 pandemic. Based on our assessment, however, they could perform only 50...
A recent opinion from the U.S. 4th Circuit Court of Appeals (whose rulings apply to all Virginia employers) is a reminder to document problems with employees thoroughly before making discharge decisions. In a 2-1 ruling...
During its 2020 legislative session, the Virginia General Assembly passed a slew of measures providing employees with new and expanded workplace protections while also enhancing the mechanisms by which they can pursue...
Employers have been awaiting guidance from the Washington Department of Labor and Industries (L&I) about the state’s paid sick leave law passed in 2016 and new overtime rules announced in 2019 and effective July 1, 2020...
Q Can a person receiving unemployment benefits refuse to accept a job offer if it’s 25 miles from her home? A A person receiving unemployment benefits can refuse a job offer if the job being offered isn’t considered...