Employment Law Letter

How unions fared in 2020

Whenever there’s a change in the political party at the White House, we usually see a shift in policy at the National Labor Relations Board (NLRB), too. This year is unique because, in addition to the change in...

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

Amazon’s harassment allegations blast off, should prompt your own policy review

Amazon is in the news again. And, no, I’m not talking about executive chair Jeff Bezos’ flight to the edge of space. This time, I’m referring to new harassment and discrimination allegations against the company...

After stressful pandemic, don't be surprised if employees are reluctant to return

As employees return to in-person work, you must be ready for the many emotional and psychological hurdles they will face. There has been ample news coverage about the invisible toll the COVID-19 pandemic has taken on our...

Portland emergency minimum wage ordinance’s validity, effective date affirmed

Portland’s emergency minimum wage law is valid and takes effect on January 1, 2022, the Maine Supreme Court recently decided, affirming a lower court ruling. Should a state of emergency be declared in the future, the new...

NC court shuts down former Bojangles employee's hostile environment claim

A former Bojangles manager of 10 years recently sued the company, claiming she was subjected to a hostile work environment when her supervisor touched her and played with her hair. The employer asked the court to dismiss...

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

11th Circuit finds websites aren't places of public accommodation

Title III of the Americans with Disabilities Act (ADA) provides "no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges...

TN federal court bars misuse of employer's trade secrets

An East Tennessee federal district court recently issued a preliminary injunction barring a person from using information he stole from his former employer to further his competing business. Background Misappropriation...

Feds pursue fraud claims against PPP recipients

To help struggling businesses needing immediate access to cash during the COVID-19 pandemic, Congress introduced the Paycheck Protection Program (PPP) as part of the Coronavirus Aid, Relief, and Economic Security (CARES)...

Tips to make sure disabilities don't derail diversity, inclusion efforts

The numbers aren't surprising. Year after year, statistics from the U.S. Department of Labor (DOL) show the unemployment rate for people with disabilities to be dramatically higher than the rate for people without...

Leery of hiring ex-offenders? Study looks at employer attitudes

For years, employers have bemoaned the "skills gap." Even when candidates seem to be plentiful, many employers report a dearth of applicants with the right skills to fill positions. It's enough to put employers on the...

Sex discrimination still requires sex, 5th Circuit clarifies

I know the headline sounds a bit Zen, but please bear with me. After the U.S. Supreme Court found in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects against sexual orientation...

Aug 31, 2021 · Employment Law Letter · Texas

Liability or accountability? Probably both under new TX sexual harassment legislation

If you thought you could evade liability from sexual harassment by employing only a handful of employees, the Texas Legislature just gave you a wakeup call. Starting September 1, 2021, employers of all sizes may be...

Aug 31, 2021 · Employment Law Letter · Texas

‘The Office’ still delivers workplace hijinks, timeless lessons, at least that’s what she said

When the COVID-19 pandemic hit last year and turned the world upside down, I found myself searching for solace and a much-needed laugh in the form of my favorite TV show of all time, The Office. Apparently, I wasn’t...

Supreme Court delivers victory for property rights, defeat for union organizers

A California regulation allowed labor organizations to access an agricultural employer's property to solicit support for unionization, but the U.S. Supreme Court recently decided the rule amounted to a per se physical...

Aug 22, 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

Court again confirms PAGA claims not subject to arbitration

Many California employers have their employees sign arbitration agreements at the start of employment. These agreements usually state any claims that arise from the employment will be arbitrated and no jury or bench...

Aug 22, 2021 · Employment Law Letter · California

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