Employment Law Letter

5th Circuit highlights importance of treating equals equally

It has been said consistency is more important than perfection. Though that is arguable in the legal world, the importance of an employer’s consistency cannot be overstated. A recent decision by the U.S. 5th Circuit...

Jul 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

DOL releases COVID-19 emergency temporary standard, covering healthcare workers

Earlier this year, President Joe Biden issued an Executive Order (EO) directing the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) to develop an emergency temporary standard (ETS)...

Special shift assignments can affect FMLA's 'hours worked' component

As the chaos of the COVID-19 pandemic begins to wind down, many employers are failing to find enough workers to fill open positions as they ramp up production and expand business hours. Consequently, they're exploring...

8th Circuit ruling offers window into work investigation, documentation best practices

A former Andersen Corporation employee failed to establish the essential elements of a variety of claims against the company, the U.S. 8th Circuit Court of Appeals (which covers Minnesota employers) recently ruled...

MN employer’s attendance policy outweighs former employee’s ADA, FMLA claims

Regular attendance at the worksite can be an essential job function, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently reminded employers, upholding the termination of an...

ICE extends relaxed rules for viewing I-9 documents through August 2021

Immigration and Customs Enforcement (ICE) recently announced another extension of the rules allowing employers to inspect new employees’ I-9 documents remotely. In 2020, ICE first announced it would provide employers...

Reminder to employers: Be consistent with similarly situated employees

A recent decision from the U.S. District Court for the Western District of Michigan illustrates how important it is to treat similarly situated employees similarly. Facts Burroughs Corp. terminated Robert Earle Bownes...

OSHA issues safety standards for healthcare industry, best-practice guidance

The Occupational Safety and Health Administration (OSHA) published its long-awaited emergency temporary standard (ETS) and accompanying guidance, “Protecting Workers,” on June 10, 2021. The ETS applies to covered...

Tips for entering next phase of Massachusetts PFML

Since January 1, 2021, employees in Massachusetts have been able to access paid family and medical leave (PFML). The state spent the first half of the year taking applications for PFML to cover only (1) an employee’s own...

Jul 31, 2021 · Employment Law Letter · New England · Massachusetts

New MA law provides paid sick time for certain COVID-19-related reasons

After months of debate and a partial veto, a bill giving Massachusetts workers paid sick time for certain COVID-19-related reasons was signed into law by Governor Charlie Baker on May 28 and went into effect immediately...

Still not out of the pandemic 'woods' yet, but here's what employers can do

On March 13, 2020, Delaware Governor John Carney declared a state of emergency in response to the emerging COVID-19 crisis. Some 15 months later, we're still operating under a series of Executive Orders (more than 35)...

1st Circuit affirms labor law protections for nonunion employee

A Maine hospital violated federal labor law when it fired an employee for publishing an op-ed in the local paper criticizing the employer, the U.S. 1st Circuit Court of Appeals (which covers Maine employers) recently...

Determining work restrictions when hiring minors

Q We are a moving and storage company, with offices in multiple states. If we were to hire minors (say 16 or 17), are there any limitations to the hours and duties they could perform? A Yes, potentially. Youth employment...

Checkmate: Unchecked boxes on EEOC charge form halt bias, retaliation claims

The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld the dismissal of a former employee’s sexual orientation discrimination and retaliation claims because he hadn’t...

Avoiding safety-based workplace retaliation claims

We're finally beginning to see light at the end of the dark COVID-19 pandemic tunnel. Case numbers are decreasing while the vaccination rate is climbing. Given the positive developments, even the most coronavirus...

Jul 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