Employment Law Letter

Misdemeanor domestic violence conviction can be grounds for termination

The details of Anthony Hernandez's seemingly private relationship with his girlfriend ultimately became grounds for the California Department of Correction and Rehabilitation to terminate his employment as a correctional...

Mar 07, 2021 · Employment Law Letter · California

Court further expands rationale for modifying pension benefits

Last year, in a seminal vested rights decision, the California Supreme Court expanded the permissible bases for modifying public employee pensions in two significant ways (Alameda County Deputy Sheriff's Assn v. ACERA)...

Mar 07, 2021 · Employment Law Letter · California

California Supreme Court says no rounding of a square meal

A unanimous California Supreme Court used this clock-rounding case to deliver its broadest meal break opinion since Brinker, nearly a decade ago. This is the latest in the uniform supreme court authority recognizing...

Mar 07, 2021 · Employment Law Letter · California

NY state court opens door to precertified use of medical marijuana

The Compassionate Care Act (CCA), part of the Public Health Law (PHL), gives protected disability status to individuals who are found to benefit from medical marijuana. The protected status was thought to turn on the...

Feb 28, 2021 · Employment Law Letter · New York

Court expands arbitration of race discrimination claims

The U.S. Supreme Court and other courts have found an employee’s discrimination claim must be arbitrated depending on the wording of a collective bargaining agreement (CBA), employment agreement, company handbook, or...

Feb 28, 2021 · Employment Law Letter · New York

Q - A: Yes, you can limit cell phone usage at work

Q Our company wants to implement a policy to limit personal cell phone usage only to break times. Can we ask workers to put their phones in their work lockers or on their supervisors' desks? Yes, you can limit cell phone...

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Having multiple persons in termination decision overcomes bias claim

Every employer is faced with having to terminate employees involuntarily and thereby exposing themselves to discrimination claims. There are steps you can take, however, to improve the likelihood the claims will be...

Events distant in time can't support retaliation claim, 8th Circuit rules

Many employers have faced the problem of an employee filing a charge with the Equal Employment Opportunity Commission (EEOC) or complaining about discrimination and then having to deal with the individual alleging a...

What Biden's first executive actions mean for employers

Shortly after taking office, President Joe Biden wasted no time and implemented sweeping changes undoing several Trump administration actions. Among the first salvo of Executive Orders (EOs) were several actions...

DOL expands ability to use telemedicine visits for FMLA purposes

The COVID-19 pandemic continues to change the legal landscape, this time with the U.S. Department of Labor (DOL) extending its earlier position that, under certain circumstances, a telemedicine consultation will...

Can I fire employee who attempts to overthrow the government? Yes, you can

While most employees were settling into the first full workweek of 2021, some traveled to Washington, D.C., on Wednesday, January 6, to attend a "Save America Rally." As everyone knows, the ensuing showdown at the U.S...

Telework poses potential risk for businesses with foreign workers

With more people working remotely than ever before, U.S. employers need to consider foreign workers’ visa status or risk fines. In response to the COVID-19 pandemic, many businesses have allowed employees to work from...

New law allows employers to make temporary changes to FSAs

On December 27, 2020, President Donald Trump signed the Economic Aid to Hard Hit Small Businesses, Nonprofits and Venues Act into law. It makes temporary changes to rules governing health and dependent care flexible...

4 common problems in employment manuals

Every HR professional struggles, sweats, and possibly rips their hair out (if they have any) over what to put into an employment manual and how best to minimize litigation for their company in the future. Worrying...

Q - A: What to do when payday lands on a holiday

Q If a pay date lands on a holiday, when do we need to pay our employees—before the holiday or on the next business day after it? Although it doesn't happen often, there are certain times during a calendar year when...

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Employment Law Letter

Connecticut Editors