Employment Law Letter

NLRB overrules precedent protecting abusive language

Long-standing National Labor Relations Board (NLRB) precedent has protected abusive and harassing language when linked to protected union activity in most instances. Many cases have even excused racist and/or sexist...

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MI court lets nonsolicitation case go forward even though customer initiated contact

A Michigan trial court properly denied two former employees’ request to dismiss a case against them for allegedly violating a nonsolicitation agreement, the Michigan Court of Appeals recently ruled. The appellate court...

Employee can’t overcome ‘above-board reasons’ for firing

Employers recently received a favorable decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan employers) involving a retaliation claim filed by someone who had complained about...

Divorce case nudges Michigan court to tackle employee privacy in workplace e-mails

The Michigan Court of Appeals recently weighed in on a contentious divorce case that raised questions about employee privacy issues and has ramifications for the management of company e-mail systems. Battle over...

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Here's a tip for Massachusetts employers: Sometimes a typo is just a typo

Sometimes little errors can cause huge headaches and make a big difference, like the now infamous Oxford comma case in which one improperly omitted comma in a Maine statute resulted in a $5 million overtime settlement...

Aug 31, 2020 · Employment Law Letter · New England · Massachusetts

Employer not liable for employee’s criminal acts despite skipping background check

We understand it’s hard to find good help in a tight labor market. And we recognize the success of your organization depends on having the people to do what needs to be done when it needs to be done. So it can be...

When you're facing a class action lawsuit, don't initiate—just arbitrate

Some 151 individuals in a Fair Labor Standards Act (FLSA) collective action against Francesca's Holdings Corp. must arbitrate their wage and hour claims, the U.S. District Court for the District of New Jersey recently...

Amazon faces NJ wage class action for workers' postshift screening

Amazon must face a proposed class action alleging violations of the New Jersey Wage and Hour Law (NJWHL) and seeking compensation for time spent undergoing mandatory postshift security screenings and taking meal breaks...

New Maryland employment laws kick into action

A host of new employment laws recently took effect in Maryland. Read on for information on how to get and stay in compliance. First round of antiharassment reporting was due Maryland’s Disclosing Sexual Harassment in the...

Bracing for COVID-19 exposure and legal liability in Maine

On August 3, the Wall Street Journal reported on a recent wave of COVID-19 litigation against employers for allegedly failing to protect employees from the virus at work. In an effort to minimize employers’ exposure to...

Accommodations should allow employees to fulfill essential job functions

Q We’re planning to allow employees with underlying health conditions to telecommute as a temporary reasonable accommodation during the COVID-19 pandemic. Based on our assessment, however, they could perform only 50...

Staying on the clock for bridal shower gets employee fired

Most of the time, the employer is the one who gets burned by timekeeping troubles. Here, though, an employee was told to clock out before attending a bridal shower at work but chose to ignore the direct order and clocked...

Make wage and hour compliance priority during time of COVID-19

Wage and hour compliance is an area that can trip up even the most diligent employers under the best of circumstances—let alone during a global pandemic when you're trying to keep employees healthy, safe, and employed...

Personality conflict with supervisor doesn't equal disability, NC court finds

A North Carolina court recently addressed whether an employer must provide an accommodation to an employee who claimed working with his supervisor made him depressed or anxious under the Americans with Disabilities Act...

Testing, testing, 1-2-3: ADA still has final say on return-to-work testing for employers

As COVID-19 cases rebound in certain states, employers are grappling with how to safely usher employees back to work. Undoubtedly, some degree of testing is necessary to make sure employees reintegrated into the...

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Employment Law Letter

Connecticut Editors