Employment Law Letter

Disabled employees aren’t immune to effects of negative job performance, NJ court rules

A terminated employee recently failed to establish a prima facie (or minimally sufficient) case for disability discrimination under the New Jersey Law Against Discrimination (NJLAD), according to the U.S. District Court...

Jul 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

Denied class status, sleepless nights ahead for Walmart’s overnight assistant store managers

The U.S. District Court for the District of New Jersey recently considered a request for class certification by a group of employees who were allegedly misclassified as exempt executive and administrative employees. The...

Skyrocketing unemployment increases draw attention to independent contractors

With more than 500,000 unemployment claims being filed in Nevada in the first half of 2020, a recent WalletHub ranking named Las Vegas (with an estimated 31.6% unemployment rate) as the U.S. city most devastated by COVID...

OSHA issues guidance on cloth face coverings, surgical masks, respirators

Since the COVID-19 pandemic started, employers have struggled to understand the Occupational Safety and Health Administration’s (OSHA) position on cloth face coverings and surgical masks, specifically whether the agency...

Unrest over racial injustice grounds Mississippi flag

In the last few months, you can’t turn on the television or the radio without hearing of another incident of racial injustice occurring in the United States. This reality has led many of all races to become more vocal...

5th Circuit finds narrow exception, upholds firing of worker with gun in parked car

As you probably know, a Mississippi statute forbids employers from maintaining any rule prohibiting people from transporting or storing a firearm in a locked vehicle in the company’s parking lot or garage or other...

Tips for making websites more accessible to applicants, employees

With the increasing use of online platforms for hiring, employers must bear in mind the accessibility and accommodation requirements of the Americans with Disabilities Act (ADA) and (for federal contractors) Section 503...

Avoid making same arguments sports teams use to defend Native American imagery

The sporting world has been abuzz recently with news the Washington NFL team is changing its name and logos to move away from their overt Native American imagery. Cleveland’s Major League Baseball team is considering a...

Title VII protects LGBTQ workers from workplace bias

The U.S. Supreme Court issued a landmark opinion on June 15 finding Title VII of the Civil Rights Act of 1964 does indeed protect LGBTQ individuals from discrimination on the basis of sexual orientation or transgender...

OSHA releases guidance as nonessential businesses reopen

On June 18, the U.S. Occupational Safety and Health Administration (OSHA) released guidance to assist nonessential businesses as they reopen and return employees to the workplace. OSHA is charged with ensuring employers...

No large MIOSHA penalties allowed for Executive Order violations

By now, Michigan employers know they need to have a COVID-19 preparedness and response plan when they resume in-person operations. They understand they must provide personal protective equipment (PPE) and make cleaning...

Think you have Massachusetts Paid Family and Medical Leave all figured out? Think again

Beginning on January 1, 2021, employees can start taking leave under the Massachusetts Paid Family and Medical Leave (PFML) law. Back in June 2019, the Department of Family and Medical Leave issued “final” regulations...

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

‘Material change’ in employee's job over time can be risky for MA noncompete

For businesses whose bottom lines depend on research, innovation, and being the first to market, noncompetition agreements are an indispensable component of the onboarding process. But as a new hire becomes a long-term...

Title VII: All persons are entitled to its benefit

On June 15, the U.S. Supreme Court issued a landmark opinion that’s a huge win for LGBTQ advocates—and it was well-timed, given that it was right in the middle of Pride Month. The Court ruled that a federal law...

Court gives green light to tech sales employee's unpaid commission claims

The 4th Circuit (whose rulings apply to all North Carolina, South Carolina, and West Virginia employers) recently revived an employee's lawsuit alleging his employer capped his commissions for three large deals despite...

Jul 31, 2020 · Employment Law Letter · California · New York · Texas · 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

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Employment Law Letter

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