No age discrimination occurred when an employer didn't promote a 74-year-old employee who had failed a mandatory subjective test, the 7th Circuit recently ruled. The court said the employee failed to show objective...
Employment Law Letter
Over the last few months, you may have read about major travel restrictions for foreign workers entering the United States. What key facts do employers need to know? Restrictions in response to COVID-19 Two presidential...
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...
The Black Lives Matter (BLM) movement has sparked significant emotion in the past few months. Ever since the NBA season restarted, TV viewers are seeing the phrase emblazoned on the courts and on some players’ jerseys...
On September 14, 2020, the Equal Employment Opportunity Commission (EEOC) sued Kroger Co., alleging the grocery store chain violated Title VII of the Civil Rights Act of 1964 by failing to accommodate and retaliating...
The U.S. Department of Labor's (DOL) long-awaited joint-employer rule was largely struck down on September 8, 2020, by a New York judge responding to challenges brought by 16 state attorneys general. No other area of...
In a landmark decision for employers, the New Jersey Supreme Court recently released its long-awaited opinion in Skuse v. Pfizer, holding an employee must arbitrate her employment discrimination claims agreed to in an...
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...
The U.S. District Court for the District of New Jersey recently considered a request to dismiss a complaint against an employee who allegedly misappropriated her employer's trade secrets. The court denied the request in...
Transgender student Gavin Grimm has just chalked up another victory in his years-long challenge to the Gloucester County School Board's policy requiring students to use the restrooms matching their biological sex. Grimm...
Employers in Delaware and elsewhere are grappling with the many new laws enacted because of the coronavirus pandemic: federal statutes on COVID-related leave, U.S. Centers for Disease Control and Prevention (CDC) and...
The Massachusetts Legislature is considering two bills containing expansive new protections for parents who are unable to return to work during the COVID-19 pandemic because of a lack of childcare as well as paid sick...
Schools throughout Massachusetts are creating various plans associated with reopening. Several districts have announced hybrid returns with students alternating between attending school and remote learning (sometimes in...
Consistency is key when dealing with the Massachusetts Tips Act (MTA), as one country club in Sharon learned when service staff filed a class action alleging they were owed unpaid wages under the Act. They won a jury...
In early August 2020, the Trump administration issued an Executive Memorandum on the deferral of employee payroll tax obligations because of the pandemic. On August 28, the U.S. Treasury Department issued Notice 2020-65...