Q We have an exempt employee who was out for a month due to COVID-19. She was paid her salary, and her sick time was deducted. Even with her already-accrued sick time plus the 80 additional hours, she now has negative...
Employment Law Letter
After the U.S. Department of Justice (DOJ) charged more than 100 people last year with fraudulently seeking more than $360 million in Coronavirus Aid, Relief, and Economic Security (CARES) Act emergency loans and other...
Arbitration awards are notoriously difficult to overturn. The arbitrator can be utterly wrong on the facts and wrong on the law and still be upheld. One of the few reasons an arbitration award can be overturned is if it...
New York business owners may ruefully recall NY Forward, the state’s phased reopening plan that required detailed safety plans and adherence to allegedly science-based COVID-19 protocols. Those old plans will now get...
Indemnification is when a party assumes responsibility for paying the losses or obligations incurred by another party that were created by or agreed to by the indemnifying party. New York’s Appellate Division, First...
The New Jersey Supreme Court recently issued its first published decision addressing the New Jersey Pregnant Workers Fairness Act (PWFA), the amendment to the New Jersey Law Against Discrimination (NJLAD) that protects...
The answer to the question of whether employers must accommodate marijuana use has evolved in recent years from “no, it’s illegal under federal law” to “it depends, based on the reason for use and the nature of the job.”...
After Creighton University dismissed a member of its medical residency program, she sued for wrongful termination and alleged she had been a victim of age discrimination under the Age Discrimination in Employment Act...
Fraudulent unemployment claims have risen across the country over the last year. Kansas has been hit particularly hard. In some of the opening weeks of 2021, the state received the third highest number of initial claims...
The American Rescue Plan Act of 2021 (ARPA) became law in March. The $1.9 trillion stimulus package contains a mix of benefits, tax credits, programs, and subsidies in response to the continuing COVID-19 pandemic. Among...
The U.S. 5th Circuit Court of Appeals (which covers Mississippi, Louisiana, and Texas employers) recently assessed how rigorously and promptly a district court should probe whether potential members of a Fair Labor...
We all know neither Google nor Facebook has a legal degree, but that doesn't stop your employees from acting as if the social media platforms do. More than one employee has probably pushed back on a policy by saying, "I...
A defamation lawsuit filed by a real estate management company against a union and a security guard isn’t preempted by the National Labor Relations Act (NLRA), the Minnesota Court of Appeals ruled in a recent unpublished...
The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently provided employers with fresh guidance on what workplace actions may be considered “based on sex” and how severe and frequent the...
Earlier this year, Michigan employers were permitted to reduce the requisite quarantine period from 14 days to 10 days for employees who experienced close contact with confirmed cases of COVID-19 based on the passage of...