Employment Law Letter

Who knew? Being awake at work remains an essential function

The U.S. Court of Appeals for the 5th Circuit (whose rulings apply to all Mississippi employers) recently addressed a former employee's claim that his firing amounted to disability discrimination because the conduct...

Feb 29, 2020 · 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

Wisconsin bucks trend, permits employers to ask about salary history

State and local governments throughout the country have increasingly adopted laws and regulations that prohibit employers from inquiring about a job applicant's salary history during the interview process. Wisconsin has...

With very few exceptions, you can't trade time off for overtime already worked—even by request

Q We have a nonexempt employee who sent an e-mail requesting time off in lieu of pay for overtime hours he already worked. Are we allowed to grant his request? Providing nonexempt employees with compensatory time in lieu...

You might want to give your employee handbook a second look!

When you sit down to write an employee handbook, you'll probably start by trying to think of all the subjects you need to cover. The obvious ones come easily. Of course, you must tell your employees about how they will...

You usually don't have to provide benefits to domestic partners

Q Could you confirm if we are required to cover domestic partners on medical, dental, vision, life, or disability benefits? A Typically, spouses are afforded certain rights based on the marriage, including certain...

Tips for retention, recruiting in hot job market

In January 2020, the unemployment rate was 3.6% (up slightly from the 50-year low of 3.5% in September 2019). According to WalletHub, Scottsdale was ranked the top community for jobseekers out of 180 cities. Also in the...

'We were on a break'—school channels Ross Gellar to deny teacher paid sick leave

By choice or by force, Illinois employers are increasingly offering paid sick leave to their employees. For instance, the city of Chicago and Cook County each have a paid sick leave ordinance, and Illinois school law...

Jan 31, 2020 · 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

2 Hawaii companies settle EEOC lawsuits alleging disability discrimination

The new decade started off with the Equal Employment Opportunity Commission (EEOC) announcing on consecutive days that it had settled lawsuits involving disability discrimination claims against two Hawaii companies. The...

6th Circuit narrowly defines which employees are 'similarly situated' in race bias case

The U.S. 6th Circuit Court of Appeals (which has jurisdiction over Kentucky and Tennessee employers) has dismissed an African-American state trooper's race discrimination claim even though a Caucasian trooper who engaged...

7th Circuit says disability harassment is actionable, but employee didn't prove it

Several years ago, an Illinois court held for the first time that the Illinois Human Rights Act's (IHRA) ban on disability discrimination includes hostile environment claims. (See "Illinois court says IHRA prohibits...

A discrimination and harassment claim analysis in 2 parts

It seems like a very, very long time ago—at least in the world of employment law—that Congress revised the standards courts apply in disability discrimination claims brought under the Americans with Disabilities Act (ADA...

Alaska Supreme Court to resolve long-standing wage and hour issue

In a major development that will have a significant impact on employers in Alaska, the Alaska Supreme Court recently accepted a request from a federal court to decide the burden of proof for establishing wage and hour...

An HR manager's New Year's resolutions

The start of a new year is often a great opportunity for self- reflection; and with the new year come plans and determinations to improve ourselves in various ways. A recent study has shown, however, that 80% of New Year...

Antidiscrimination policies alone don't eliminate employer liability

A recent report issued by the National Guard Bureau's Judge Advocate in the Office of Complex Investigations (NGB-JA/OCI) found the Wisconsin National Guard's policies, procedures, and investigatory protocols for...

As gun violence increases, workplace safety isn't what it used to be

As an employer, you have a responsibility under the Occupational Safety and Health Act (OSH Act) to provide a safe work environment for your employees, which includes creating a workplace that's free from serious...

Arkansas Stephen W. Jones of Jack Nelson Jones, PLLC, and Audra Hamilton and Nathan Read of Mitchell Williams
Kansas Boyd A. Byers, Teresa L. Shulda, and Tara Eberline of Foulston Siefkin LLP
Missouri Robert A. Kaiser, Jeremy Brenner, and Ida S. Shafaie of Armstrong Teasdale LLP
Oklahoma Charles S. Plumb, Courtney Bru, Paul Ross, Philip Bruce, and Jacob Crawford of McAfee & Taft

Delaware Lauren Russell of Young Conaway Stargatt & Taylor, LLP
Maryland Steven E. Bers and David M. Stevens of Whiteford, Taylor & Preston, L.L.P.
New Jersey John C. Petrella and Dina M. Mastellone of Genova Burns LLC
Pennsylvania Dena Calo, Lisa Koblin, Carolyn Pellegrini, and Zachary Kimmel of Saul Ewing Arnstein & Lehr LLP
Virginia Jonathan Mook and Bernard J. DiMuro of DiMuroGinsberg PC

Illinois Steven L. Brenneman and Kelly Smith-Haley of Fox, Swibel, Levin & Carroll, LLP
Indiana Brian R. Garrison of Faegre Drinker
Michigan Gary S. Fealk and John T. Below of Bodman PLC
Ohio Fred G. Pressley, Jr., Jourdan D. Day, and John M. Stephen of Porter Wright Morris & Arthur LLP
Wisconsin Saul Glazer, Troy D. Thompson, Michael J. Westcott, Leslie A. Sammon, and Heath Straka of Axley Brynelson LLP

Kentucky Richard S. Cleary, John T. Lovett, Robert D. Hudson, and Kathleen Biggs Wright of Frost Brown Todd LLC
North Carolina Richard L. Rainey of Womble Bond Dickinson (US) LLP
South Carolina Richard J. Morgan, James K. Gilliam, Jonathan C. Eggert, and Chandler E. Aragona of Burr & Forman LLP
Tennessee Kara E. Shea and David Johnson of Butler Snow LLP
West Virginia Larry J. Rector and Allison B. Williams of Steptoe & Johnson PLLC

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

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