Maintaining a diverse workforce is increasingly necessary for companies to be competitive and successful in the global marketplace. But what happens when diversity, equity, and inclusion (DEI) initiatives collide head-on...
Employment Law Letter
Disney's newest movie, Cruella, tells the story of Cruella de Vil, the puppy-stealing psychopath who uses the animals' fur for her over-the-top sartorial splendor. She's deranged and unapologetically wicked, the villain...
The U.S. Supreme Court's Bostock decision extended the protections against discrimination and harassment under Title VII to gay and transgender persons. The landmark 2020 ruling, however, in no way lowered the legal...
Governor Kay Ivey recently signed Alabama's new medical marijuana law, joining more than 30 other states to permit physician-prescribed use of the drug for certain medical conditions. Although the legislation...
Not everyone gets to park outside their office's front door and be at their desk within two minutes of turning off their ignition. In fact, in a recent case from the 5th Circuit, the workers were required to ride a bus...
President Joe Biden recently signed two Executive Orders (EOs) with substantial implications for nonunion employers as well as those employing workers on federal contracts and subcontracts. Let's take a closer look...
From layoffs to leave laws, mandated vaccinations to limitations on services or materials, almost every business has been affected by COVID-19 in some way over the last year. The concern that has been top of mind for...
Anyone (not just employers or employees) can be sued for "aiding and abetting" an unlawful employment practice, the Oregon Court of Appeals recently decided. The ruling vastly expands the scope of who can be subject to...
The American Rescue Plan Act of 2021 (ARPA) provides a 100% federal subsidy for COBRA premiums from April 1 through September 30, 2021, for certain COBRA participants known as assistance-eligible individuals (AEIs). We...
Starting July 1, Virginia will be the first state in the southern United States to allow the use of recreational marijuana. That’s because on April 21, at the close of this year’s General Assembly session, Governor Ralph...
On May 1, Virginia parted company with the federal minimum wage rate for the first time and raised the state’s minimum wage from $7.25 to $9.50 per hour. The increase is the product of legislation enacted last year to...
A Form I-9 is required for all new hires to verify their employment eligibility. Before March 2020, employers had to physically inspect original documents the new hires presented for I-9 purposes. After the COVID-19...
An employer can’t be held liable for back pay for a state law retaliation claim during a period when the former employee lacked lawful immigration status to work in the United States, the U.S. 6th Circuit Court of...
In South Carolina, a civil conspiracy arises when “there is (1) a combination of two or more persons, (2) for the purpose of injuring the plaintiff, (3) which causes the plaintiff special damage.” For years, the state...
A day after U.S. Citizenship and Immigration Services (USCIS) completed the H-1B cap-subject lottery selection process in late March, the winners were eligible to start filing. But what if your employee wasn’t selected...