Employment Law Letter

Q - A: FMLA leave for a childs birth doesnt have to start immediately

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? The FMLA permits the new...

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Gene mutation can be a disability under ADA

In the first time any federal appeals court had heard a case on the issue, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan and Ohio employers) recently overruled a district court and held that...

Fired employee can't overcome 'above-board reasons' for termination

On July 6, employers received a favorable decision from the 6th Circuit involving a retaliation claim filed by someone who had complained about discriminatory conduct. Facts Karen Kenney sued Aspen Technologies, Inc...

10 frequently asked questions about remote working during COVID-19 (and beyond?)

Many state and local orders continue to require certain employees to work remotely or telecommute during the COVID-19 outbreak. And even when employees begin to return to the workplace, you may face an uptick in requests...

Sympathy needed for greeting card maker potentially liable for nonemployee's conduct

Regular readers of the newsletter are aware employers must ensure inappropriate conduct by a customer or vendor isn't creating a hostile work environment (see "Costco learns customer may not always be right" in the March...

What businesses should know about OSHA's supplemental reopening guidance

The Occupational Safety and Health Administration (OSHA) recently issued guidance on returning to work for businesses deemed nonessential. The guidance is intended to supplement the agency's previously issued guidance on...

Balancing 'work from home' and family

It's safe to say our nation is in uncharted territory when contemplating how to establish a work-life balance while homeschooling and caring for children, keeping up with the demands of "work from home," and facing an...

8th Circuit rejects officer's failure-to-promote sex discrimination claim

Because of a female candidate's poor interview performance, the Wright County (Minnesota) Sheriff's Department wasn't liable for promoting a less experienced male candidate, the U.S. 8th Circuit Court of Appeals (which...

You don’t have to be a minister to be a minister: Lessons for religious employers

The First Amendment protects private religious schools from employment discrimination claims filed by teachers whose duties include religious education, the U.S. Supreme Court recently decided. The opinion combined two...

Kansas COVID-19 immunity law raises questions for employers

With the economy largely reopened but COVID-19 cases continuing to increase, some businesses are concerned about lawsuits from customers and guests who may be exposed to—and subsequently become ill from—the coronavirus...

Q - A: Determining whether work is 'suitable' can be subjective

Q Can a person receiving unemployment benefits refuse to accept a job offer if it's 25 miles from her home? A person receiving unemployment benefits can refuse a job offer if the job being offered isn't considered...

3 ways to address employee burnout before your company gets burned

Employers are protecting employees’ health and safety from COVID-19 by requiring or encouraging them to work from home, but you should be aware the arrangement can pose an unintended consequence: employee burnout. If you...

U.S. Supreme Court declares Title VII prohibits LGBTQ employment discrimination

Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee or applicant “because of . . . sex.” There has been a decades-long debate in courtrooms and corporate offices across...

Jul 31, 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

Racial tension coupled with COVID anxiety challenging workplaces in new ways

It has been a long and tragic spring and summer for employers as well as society at large. The coronavirus pandemic sent legions of workers to the unemployment rolls, and others had to learn how to do their jobs remotely...

Looking ahead after pandemic: Employers likely to see enduring change

What's the world of work going to look like in the weeks and months ahead? Some workplaces in some parts of the country will be farther along the road to recovery than others, but few will go back to being just like they...

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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