Is an HR investigation into discrimination admissible evidence? A recent case from the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) declares the answer is “yes.” But as the expression goes...
Employment Law Letter
Seasoned HR professionals understand that employers typically cannot obtain a valid waiver for non-payment of wages owed to an employee. As discussed below, there may be a different tool in the toolkit that can reduce...
Workers continue to find new ways to create potential hostile work environment liability for their employers under Title VII of the Civil Rights Act of 1964. In June 2023, the U.S. 9th Circuit Court of Appeals (whose...
Q Can employers that don’t have to comply with the Family and Medical Leave Act (FMLA) have to continue health insurance coverage for employees when they’re on workers' compensation leave? Must they give employees the...
Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Like so many questions related to the FMLA, the...
The U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) recently issued an opinion warning Texas employers of the dangers of allowing employees to work off the clock. Forewarned is forearmed...
Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Great question; complicated answer. The answer...
Q Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? No, employees don’t need to be employed...
On January 12, 2024, the U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Colorado, New Mexico, Utah, and Wyoming, as well as two other states not included in Mountain West Employment Law Letter)...
During this year’s legislative session, the Maryland General Assembly passed a statute that will require employers to disclose wage information any time they post a job listing, as well as a new law mandating that...
In early October 2024, the U.S. Supreme Court agreed to answer a question that has divided courts across the country: in short, whether an employee in a majority group—white, male, or straight—must offer additional...
Massachusetts Paid Family and Medical Leave (PFML) went into effect on January 1, 2021. Since then, employers have had a number of unanswered questions related to the statute and accompanying regulations. Recently, the...
Q Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? The Federal Labor Standards...
In May 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memo outlining her position that noncompete agreements in employment contracts potentially violate workers’ rights under...
The University of California (UC) acted almost perfectly, investigating claims of professorial misconduct while responding appropriately to disability accommodation requests. But they shared their concerns—and employee...