Q We have workers who must travel as an essential part of their jobs. Some are refusing to travel. We want a policy on what to do with such refusal to avoid any risk to the company. Is it safe to terminate employees if...
Employment Law Letter
Like almost everyone else, the Equal Employment Opportunity Commission (EEOC) has been doing some things differently since COVID-19 arrived. The changes range from office procedures and charge processes to the policies...
Before COVID-19, the Arizona Department of Economic Security (DES) paid out approximately $3 million per week in benefits. The increase in unemployment claims as a result of the pandemic led to a weekly high payout of...
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...
On July 21, 2020, the 10th Circuit (which covers Kansas and Oklahoma) became the first circuit court to rule Title VII of the Civil Rights Act of 1964 permits "sex-plus-age" claims. Facts A group of women who were...
Employers must be prepared to defend their personnel practices and procedures, especially when discrimination is alleged. It’s hard to hide actual practices once litigation begins, so it’s important to be transparent. A...
The U.S. Department of Education (DOE) recently published its long-awaited final regulations under Title IX of the Education Amendments Act of 1972, the federal law that protects individuals from discrimination based on...
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...
The Colorado General Assembly has passed sweeping legislation to combat COVID-19's detrimental impact on the state’s workforce, including by sending the Healthy Family and Workplaces Act (HFWA) to Governor Jared Polis...
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...
On July 31, Governor Michelle Lujan Grisham provided an updated COVID-19 best practices guide (All Together New Mexico—COVID-Safe Practices for Individuals and Employers) for New Mexico citizens. The guide sets forth...
Q We were closed for business due to the pandemic from March 17 to June 17. We hired an employee on February 5, and he's wondering when he will be eligible for benefits. Would the new-hire waiting period start ticking...
Can employers be sued if an employee contracts COVID-19 at the workplace? This is a common and appropriate concern for businesses making strategic decisions regarding when and how to resume operations. Technically...
On August 3, a New York federal judge ruled that critical provisions of the U.S. Department of Labor's (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA) were overly broad and invalid. The...
The Equal Employment Opportunity Commission (EEOC) held a remote meeting on August 18, 2020, to discuss a notice of proposed rulemaking (NPRM) on conciliation. The EEOC is proposing to amend its procedural rules...