Employment Law Letter

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...

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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...

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