Employment Law Letter

Surprise! Diagnosis doesn't always equal disability

If an employee discloses a medical condition or diagnosis, you should assume she is disabled, right? Wrong. Although a condition or diagnosis could constitute a disability under state law, a new Missouri Court of Appeals...

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

Time keeps on slippin', slippin', slippin' out of my paycheck

The Massachusetts Wage Act, also referred to as the "Weekly Wage Law," requires employers to timely pay employees their wages and provides significant protections to those whose rights have been violated. Claims under...

Turning down the heat: how to keep the peace this election season

It might be cold outside, but the 2020 election season is heating up. The Iowa caucuses are around the corner, and soon every social media outlet will be burning with political rhetoric. These days, political tension...

Virginia to ratify Equal Rights Amendment

When the Virginia General Assembly convened in January, ratification of the Equal Rights Amendment (ERA) to the U.S. Constitution was at the top of the agenda. As stated in Section 1, the ERA guarantees: “Equality of...

What goes around: potential defense to hostile environment claims

The U.S. District Court for the District of New Jersey recently considered a hostile work environment sexual harassment claim under the New Jersey Law Against Discrimination (NJLAD) brought by a receptionist who alleged...

What you say? Headphones, earbuds, and OSHA standards

Whether used for air travel, at sporting events, or during workouts at the gym, the popularity of headphones and earbuds has spread rapidly. But are they appropriate for the workplace? Prompted by an employer's questions...

When is public employee's speech protected? Court sides with phone-sex memoir's author

In a recent decision from the U.S. 7th Circuit Court of Appeals (whose rulings apply to all Wisconsin employers), the court addressed First Amendment protection for public employees when they engage in speech not related...

Why 2 New Mexico whistleblower cases reached opposite results

The New Mexico Court of Appeals recently reviewed two whistleblower jury trials in which the jurors came to very different conclusions. In one, the jury awarded a fired employee from the New Mexico Human Services...

Will your NCAs be enforced? Noncompete tips for NM employers

Many employers fear entrusting an employee to help them build a book of business only to have the employee take the clients to a competitor. To protect themselves, some employers require certain employees to sign...

Workplace law 2020: what has—and will—affect your workplace

Every employer was affected by several decisions made, regulations and orders issued, or laws passed by the three branches of the federal government in 2019. In what follows, we will review the most significant of those...

Defamation claim against former employee leads to retaliation lawsuit

Picture the following scenario: You fire an employee for legitimate reasons. He responds by filing multiple complaints with governing bodies, including a charge with the Equal Employment Opportunity Commission (EEOC)...

EEOC consent decree serves to remind employers to reevaluate screening practices

Dollar General is the latest employer to settle with the Equal Employment Opportunity Commission (EEOC) over its use of criminal history information in the hiring process. The consent decree memorializing the settlement...

Know what qualifies as a restricted parking lot under Mississippi's firearms statute

As we've often noted, courts have recognized four exceptions to the employment-at-will doctrine in Mississippi, one of which is based on a state statute prohibiting employers that don't satisfy certain requirements from...

DOL recovers record $322M in back wages during FY 2019

The U.S. Department of Labor (DOL) recently announced that its Wage and Hour Division (WHD) had recovered a record $322 million in wages owed to workers during fiscal year (FY) 2019. The WHD also set a new record for...

Jan 26, 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

Employment law #10YearChallenge: What a difference a decade has made

In early 2019, social media feeds were filled with “10-year challenge” posts. To participate, users posted photos of themselves from 2009 and 2019, side by side, with the hashtag “#10YearChallenge.” As a new decade takes...

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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