During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) temporarily stopped issuing right-to-sue notices on charges that had been filed. The pause was recently lifted, and the notices are coming...
Employment Law Letter
Presumably spurred on by a desire to provide some pre-election fiscal stimulus in light of Congress’ failure to arrive at a third COVID-19 relief bill, President Donald Trump unilaterally issued a memorandum on August 8...
On August 27, the U.S. Department of Labor (DOL) published updated guidance in the form of three new "return to school" frequently asked questions (FAQs) on its website concerning paid leave under the Families First...
The state of New Mexico has issued an emergency amendment to its regulation requiring the reporting of workplace injuries. Employers must now immediately tell the state about employees who test positive for COVID-19. How...
Q We have an employee who felt dizzy and numb at work, so we called EMS. They took his vitals (which were fine) and suggested he go to the emergency room to get checked out. He refused to go. Although we can't force him...
On July 28, Chief District Judge Freda L. Wolfson in the U.S. District for the District of New Jersey denied Amazon’s request to dismiss a delivery driver’s employee misclassification lawsuit. The judge ordered the...
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...
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...
We all know the drill. You interview multiple employees/applicants for a position, and one just stands out. Your gut tells you he’s the right guy for the position, but on paper, he’s less qualified than the other...
On August 8, President Donald Trump issued an Executive Order directing Secretary of the Treasury Steven Mnuchin to defer the withholding, deposit, and payment of certain payroll taxes beginning September 1 through the...
Opioid addiction continues to be a serious problem in the United States. As with many other prescription medications, opioids present significant challenges to employers, who must address issues relating to both the...
Kia Motors has advertised with the slogan “the power to surprise.” One of their HR managers took this saying to heart in choosing a very surprising method of expressing her displeasure with the employer. It didn’t work...
Pandemic unemployment assistance benefits, which afforded $600 in supplemental aid to eligible individuals through much of the COVID-19 crisis, ceased on July 31, 2020. Congress failed to reach a consensus on an...
Michigan Governor Gretchen Whitmer recently signed Executive Order (EO) 2020-172 to protect employees from retaliation for missing work because of COVID-19 symptoms, diagnosis, or exposure. In a move that helps employers...