Q One of our nursing home employees who was exposed to a COVID-19-positive resident just returned to work from a 14-day quarantine after testing negative. Do we have to record it in the Occupational Safety and Health Act...
Employment Law Letter
The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently analyzed the proper application of the administrative exemption under the Fair Labor Standards Act (FLSA). The court’s...
Q Our company has a paid time off (PTO) policy entitling employees to paid vacation and sick leave. When they request time off, can they choose to use unpaid leave instead if they still have a PTO balance? A In...
The U.S. Department of Labor (DOL) recently announced a final rule amending the Fair Labor Standards Act (FLSA) regulations covering tipped employees. Barring any changes, the rule takes effect in February 2021. Tip...
Finding just the right person to fill a job is tricky. Sometimes, employers struggle with a dearth of suitable candidates. Other times, too many applicants make vetting overwhelming. Of course, artificial intelligence...
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? A You can definitely require...
A famous doctor went up against a famous Dallas hospital and, for now, came out on top. How she did so offers insights into the nuances of employment discrimination law, which is where winning or losing is decided. The...
The reader might identify with this dilemma: You’re asked to take on a project, give a speech, or just lend a hand to a colleague. We’re socialized to cooperate, so our default answer is usually, “Of course, glad to lend...
If employees engage in “protected activity,” they’re shielded from retaliation by employers. The following Texas case explores what activity is protected under the Family and Medical Leave Act (FMLA). First, the facts...
The Texas Supreme Court recently looked at how individuals can prove discrimination claims. Two key issues: What does it mean for one person to “replace” another, and does mentioning retirement to an employee assist in...
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? A Although it doesn’t happen often, there are certain times during a calendar year when...
An Ohio court of appeals recently enforced an employment application provision requiring any claims for employment law violations to be filed within six months of their occurrence. Facts Amanda Fayak worked for the...
Many employers now know the New York State Quarantine Paid Sick Leave Law’s (NYS Q-Law) benefits continued even after the Families First Coronavirus Response Act’s (FFCRA) emergency paid sick leave (EPSL) benefits...
The Hawaii Civil Rights Commission (HCRC) recently issued its fiscal year (FY) 2020 annual report. Although the number of charges filed declined, the backlog of cases increased. The report suggests delays will continue...
When President Joe Biden made it a day-one priority to eliminate Donald Trump's high-level appointees to the National Labor Relations Board (NLRB), he sent a strong signal that employers should brace themselves for the...