Employees are entitled to workers' compensation benefits only if they're injured while they're performing employment services. However, that standard can be satisfied even when an employee suffers an injury during a...
Employment Law Letter
Although many of us know the impact domestic violence can have on a family, we may not think about its workplace repercussions. Under Maine law, victims of violence (or those whose family members are victims) are...
Is an employer liable when its employee causes a motor vehicle accident? What if he caused the death of another motorist? What if he was intoxicated at the time of the accident? What if the employer knew in advance about...
A Michigan employer filed a lawsuit claiming a union and its president tortiously interfered with its performance of a time-sensitive demolition project. The employer alleged (1) the union failed to dispatch the required...
Late last year, Governor Phil Murphy signed an amendment to the New Jersey Law Against Discrimination (NJLAD) banning discrimination against a person's hairstyle or texture. The amendment was designated as the Create a...
A North Carolina federal judge recently held that a formerly homeless veteran performed services as part of a homeless rehabilitation program for his own benefit, rather than for the benefit of the organization running...
Each year, the Occupational Safety and Health (OSH) Division of the North Carolina Department of Labor (NCDOL) reports on the number and nature of workplace fatalities in the state. Unfortunately, this year's report...
Each year, the Occupational Safety and Health (OSH) Division of the North Carolina Department of Labor (NCDOL) reports on the number and nature of workplace fatalities in the state. Unfortunately, this year's report...
Nevada Attorney General (AG) Aaron Ford and his counterparts in Virginia and Illinois recently filed suit to have the Equal Rights Amendment (ERA) added as the 28th Amendment to the U.S. Constitution. At its core, the...
On December 12, 2019, the Montana Board of Personnel Appeals (BOPA) adopted a new rule permitting the certification of a labor organization as an exclusive collective bargaining representative of Montana public employees...
The Washington State Department of Labor & Industries (L&I) recently announced significant revisions to the state's overtime rules for the first time in 40 years. The new rules will go into effect beginning July 1, 2020...
On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson upholding employers' ability to instruct employees involved in workplace...
Q Our organization has four separate entities with their own distinct handbooks. Is it advisable to create a drug testing policy for one entity, but not the others? Does the work environment make a difference (e.g., a...
On February 3, 2020, President Donald Trump announced his intention to nominate Office of Contract Compliance Programs (OFCCP) Director Craig Leen to become the inspector general of the Office of Personnel Management...
When seeking to establish a prima facie, or minimally sufficient, case of discriminatory discharge, an employee must prove he (1) is a member of a statutorily protected class, (2) was discharged, (3) was qualified for...