Employment Law Letter

New Mexico outlaws discrimination based on hairstyles, head coverings

Effective July 1, New Mexico has updated the New Mexico Human Rights Act (NMHRA) to prohibit discrimination based on hairstyles and head coverings. In doing so, it joins numerous other states and counties in adopting...

Aug 31, 2021 · 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

New Mexico legalizes adult-use recreational marijuana

Effective June 29, 2021, New Mexico legalized marijuana under the Cannabis Regulation Act (CRA), with limited personal possession and cultivation officially becoming legal for adults 21 and older. New Mexicans can now...

New Jersey enacts higher penalties for employee misclassification

On July 8, New Jersey Governor Phil Murphy signed three bills into law raising the stakes for employers that misclassify employees as independent contractors. With the changes, businesses operating in the state and...

NJ Supreme Court reverses lower courts, sends hostile work environment claims to trial

After losing in both the trial and appellate courts, a former pharmaceutical executive managed to sway the minds of New Jersey Supreme Court justices to revive his hostile work environment claim. According to him, his...

Nevada employers must compensate employees who get COVID-19 shots

The Nevada Legislature recently passed Senate Bill (SB) 209 requiring employers to give employees paid time off (PTO) to receive a COVID-19 vaccination. Here’s how the new law works and what you will need to know. Key...

No recovery for alleged demotion of military servicemember upon return from deployment

A former Union Pacific employee wasn’t entitled to judgment as a matter of law (i.e., a ruling in his favor) or attorneys’ fees after a job change following his return from military deployment, the U.S. 8th Circuit Court...

USERRA: Right to reinstatement in former position not absolute

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employee members of the military services the right to reinstatement in the same position they left when they went on active duty. Problems...

Too hard of a line? Microsoft reassigns autistic employee who needs accommodation

As the employer, you become aware an employee needs an accommodation. What are your obligations? Must you grant the requested accommodation? If there are multiple possibilities, may you select the accommodation? In a...

How to assess union vulnerability in a remote workplace

One of the most significant ways the pandemic changed the modern workplace has been large-scale transition to remote work, which has cut across numerous industries, many of which had rejected the idea for years. What...

Iowa court bans part of Waterloo's 'ban-the-box' law

The Iowa Supreme Court recently struck down part of Waterloo's "ban-the-box" ordinance, which the city enacted in 2019 (see "Waterloo bans the box—and a bit more" in our January 2020 issue), leaving intact the portion...

DOL cybersecurity instructions: best practices to protect your data

The U.S. Department of Labor's (DOL) Employee Benefits Security Administration recently issued cybersecurity guidance to help employers protect "the retirement benefits of America's workers." Goals, scope of new guidance...

MN Legislature expands nursing-mother breaks, WESA pregnancy accommodations

The Minnesota Legislature recently passed amendments to the state’s nursing mothers statute (Minn. Stat. § 181.939) and the Women’s Economic Security Act (WESA) pregnancy accommodations statute (Minn. Stat. § 181.9414)...

Employers cautiously weigh whether to mandate vaccines

To mandate or not to mandate COVID-19 vaccines—that’s the pressing issue Michigan employers and others are confronting. Overall, many are still cautious about requiring the shots, and rightfully so. Legal and practical...

6th Circuit offers guidance on reasonableness of investigations, remedial measures

The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently provided employers with guidance on how to handle an employee’s complaints of multiple instances of gender-based harassment committed by...

Hiring is tough, but don't waive restrictive covenants

Hiring. It's easily the most significant challenge facing almost every company as we try to move away from the COVID-19 pandemic economy. Businesses are having difficulty recruiting and keeping talent in almost every...

Aug 31, 2021 · Employment Law Letter · California · New York · Texas · 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

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

Employment Law Letter

Southeast Editors