Most states recognize a claim for workers' compensation retaliation or wrongful discharge (public policy) if an employee is terminated in retaliation for having engaged in protected activity. The 8th Circuit recently...
Employment Law Letter
A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor...
The Philadelphia City Council recently passed the Public Health Emergency (PHE) Leave Bill, which Mayor Jim Kinney signed into law on September 17, 2020. The bill was designed to provide supplemental paid time off (PTO)...
When an employee complains about unfair or discriminatory treatment, you should promptly and thoroughly investigate the complaint. A quality investigation can solve a problem and avert potential litigation. If a lawsuit...
Everybody—from CEOs to frontline workers, design specialists to space planners, Gen Z and Millennials to Boomers—is wondering what the post-COVID workplace will look like. Despite the myriad ideas floating around, the...
Under Oklahoma law, employees who are terminated from their jobs in violation of Oklahoma public policy may, in some cases, file a wrongful discharge lawsuit against their former employer. Increasingly, the lawsuits...
The U.S. Department of Labor’s (DOL) revisions to the Families First Coronavirus Response Act (FFCRA) recently went into effect nationwide. The updates were made to assist employers in interpreting their FFCRA...
Four employees who were watched while urinating under a workplace drug screening policy didn’t have claims for invasion of privacy, the Ohio Supreme Court recently ruled in a 4-3 decision. Facts Sterilite of Ohio, LLC...
Q Our North Dakota organization has an employee working remotely from home (in Texas). She tested positive for COVID-19 and has a doctor’s note stating she can return to work in two weeks. She is asymptomatic and doesn’t...
Our law firm has been in remote-work mode since March 16. I have been in my office in downtown Charlotte three times since then. On all of those occasions, I was there for a few hours, not the full day. Fortunately, I...
Many New York employers remain unaware they’re required to implement a new permanent paid sick leave (PSL) benefit this year. The new law, signed in early April, allows employees to start accruing paid (or unpaid) sick...
Most thought COVID-19 would be a short-term crisis. Remember, the U.S. Centers for Disease Control and Prevention’s (CDC) early slogan was “15 days to slow the spread.” The consensus solution was to wash our hands, keep...
Q We have an employee working remotely from home who has tested positive for COVID-19. Her doctor says she can return to work in two weeks. She is asymptomatic and wants to continue to work so she can save her Emergency...
The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently overturned a trial court’s ruling that a former employee agreed to arbitrate the employment-related claims she filed...
On September 11, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law doesn’t require an arbitration agreement to identify the arbitrator, name the arbitral forum, describe the arbitrator...