Employment Law Letter

On February 16, 2024, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by a former supervisor. The court affirmed the trial court’s decision dismissing the employee’s claim under the...

An employee’s performance is measured by the amount of work done. Fair enough. The employee takes Family and Medical Leave Act (FMLA) leave. Must the metrics of performance measurement be adjusted as a result? Earlier...

Each year, the U.S. Bureau of Labor and Statistics (BLS) releases data about workplace injuries across the United States. In its most recent release, the agency saw more than 2.8 million reported work-related injuries...

Regular readers of Mountain West Employment Law Letter know the current National Labor Relations Board (NLRB) has issued a number of worker-friendly decisions over the past year, including Stericycle, Inc., an important...

Q: Are we obligated by law to disclose that our company vehicles are geographically tracked? If so, what is the best practice when advising employees their company cars will be trackable at all times? As a general rule...

Last month, I alerted readers to an Arizona Court of Appeals case, in which the court determined that various deviations from policies allowed an employee to proceed with his retaliation claim against his former employer...

In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work...

Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act...

Even if you are in the right when you file a lawsuit against a former employee who admittedly took your trade secrets, sometimes the reward is simply not worth the expense. Here, an employer had a former manager dead to...

A justice on the California Court of Appeals delivered candid, practical, and scathing criticism of the state’s “hair-trigger” rule permitting employees to withdraw from arbitration if employers don’t pay arbitration...

Lawsuits have become document-crazy, as the merits of a dispute are often buried by discovery (pretrial exchange of evidence) wars. One would expect that to be the case in technical litigation between mega corporations...

Certain construction workers and other employees in the construction industry must be paid the entire balance of accrued and unused paid sick leave if those workers separate from employment before they reach their 90th...

A lawsuit filed on February 5, 2024, against Johnson and Johnson (J&J) and its health plan fiduciaries is a good reminder that the fiduciary duties that exist under the Employee Retirement Income Security Act of 1974...

Q Would it be noncompliant to require employees to work both the day before and the day after a holiday to receive holiday pay? Also, would it break any pay laws not to provide holiday pay to an employee who calls out...

On January 29, 2024, the Biden administration announced two new measures aimed at eliminating gender and racial gaps in average earnings among employees of the federal government and federal contractors. Details First...