Employment Law Letter

Arbitrator's powers curbed by public policy

One of the most basic rules of arbitration is that an arbitrator's ruling won't be overturned for an error of law, even if the error creates an injustice—this is to preserve the finality of arbitration and honor the...

Nov 22, 2020 · Employment Law Letter · California

Prop 22 allows Uber and Lyft to classify drivers as independent contractors

A California Court of Appeal issued a ruling October 22 strictly applying the ABC independent contractor test and upholding a preliminary injunction requiring Uber and Lyft to stop classifying drivers as independent...

Nov 09, 2020 · Employment Law Letter · California

You can't force arbitration over whether claimant is 'aggrieved employee'

The California Court of Appeal recently held that an employee's class action suit under the state's Private Attorneys General Act (PAGA) couldn't be separated into individual and representative components. The plaintiff...

Nov 08, 2020 · Employment Law Letter · California

When in doubt, check it out: Make sure you have sound reasoning for termination

They say the primary rule of journalism is, "If your mother tells you she loves you, check it out." Similarly, a primary rule of HR management, particularly before taking an adverse employment action, should be, "When in...

Nov 08, 2020 · Employment Law Letter · California

Q - A: What to do if employee breaks policy against drug or alcohol use at work

Q We have an employee who definitely showed signs of being on drugs or alcohol at work. We want to let him go per our handbook policies, but he has now stated he is getting help for his problem. Is he protected since he...

Oct 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

DOL revises paid leave requirements under FFCRA

On September 11, the U.S. Department of Labor (DOL) revised the regulations implementing the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The...

Employee staycation—PTO policies in the age of COVID-19

Throughout 2020, employers have faced uncertainty and challenges because of the COVID-19 outbreak. While you should prepare to adapt to any changes the pandemic presents, additional challenges will arise, including...

Calling an employee a temp doesn't make it so

Staffing and hiring during the pandemic are especially chaotic. Many employers that don’t traditionally use temporary staff are seeking to fill short-term gaps in the workforce or simply want employees for a short time...

As weather cools down, WARN Act lawsuits likely to heat up

The global COVID-19 pandemic continues to affect employers with no clear end in sight. While the prospect of a functioning vaccine may have to wait for a while, a spike in Worker Adjustment and Retraining Notification...

Superintendent's request for auditors to 'follow the money' leads to $400K verdict

High-stakes audits. Threats of violence. $400,000 paydays. While each of those events could be ripped from the plot of a Hollywood blockbuster, they're actually events streaming from a school district in Harvey, Illinois...

DOL’s Wage and Hour Division provides work-from-home guidance

On August 24, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published guidance addressing employer obligations to track employee hours while teleworking. Even though the guidance is being issued in...

Revised FFCRA regs narrow healthcare provider exemption, ease advance notice rules

The U.S. Department of Labor (DOL) recently revised its Families First Coronavirus Response Act (FFCRA) paid leave rules in response to a New York federal court decision that struck down portions of the original rule...

6th Circuit: 'Up there in years, you're at retirement age' is likely direct evidence of bias

A Michigan employer may have demonstrated age bias against a 60-year-old employee when it fired him after he had worked for the company for 40-plus years, the 6th Circuit recently ruled. The appeals court reversed the...

GrubHub delivery drivers rerouted by arbitration agreement

The Federal Arbitration Act (FAA) was enacted in 1925 to counter American courts’ general hostility toward the enforcement of private arbitration agreements and foster a liberal federal policy favoring arbitration. One...

Employee's 'shocking' Facebook posts on racial injustice may be protected

Ahead of a particularly divisive presidential election and in a year filled with extreme racial tensions, many people are flocking to social media as an outlet for their opinions. The platform allows them to voice...

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Employment Law Letter

Tennessee Editors