Employment Law Letter

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...

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

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

Looking ahead after pandemic: Employers likely to see enduring change

What's the world of work going to look like in the weeks and months ahead? Some workplaces in some parts of the country will be farther along the road to recovery than others, but few will go back to being just like they...

Racial tension coupled with COVID anxiety challenging workplaces in new ways

It has been a long and tragic spring and summer for employers as well as society at large. The coronavirus pandemic sent legions of workers to the unemployment rolls, and others had to learn how to do their jobs remotely...

Tread lightly when modifying pay rates as part of a temporary accommodation

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...

Jul 31, 2020 · Employment Law Letter · Texas

Supreme Court rules Title VII grants LGBTQ protection for all

On June 15, the U.S. Supreme Court delivered its landmark decision in Bostock v. Clayton County, Georgia, and established LGBTQ rights in the workplace as a matter of federal law. The Court squarely held Title VII of the...

Jul 31, 2020 · Employment Law Letter · Texas

Limiting Texas nonsubscriber liability in the midst of COVID-19

The coronavirus pandemic has created unprecedented challenges and has affected millions of Americans, including many Texans. The current economic climate created by the COVID-19 pandemic has left many nonsubscribers with...

Jul 31, 2020 · Employment Law Letter · Texas

Supreme Court bans employment bias against gay and transgender people

Employment discrimination against individuals because of their gay or transgender status necessarily entails discrimination based on sex and therefore is unlawful under Title VII of the Civil Rights Act of 1964, the U.S...

Summer camp closures may qualify for childcare leave under FFCRA

The U.S. Department of Labor (DOL) recently issued guidance on whether the pandemic-related closures of summer camps and other enrichment programs for children would allow an eligible employee to take leave under the...

Employers caught in middle when COVID-19 safety guidelines, workplace laws collide

Returning to work after stay-at-home orders are lifted raises a host of issues for employers. For one specific group of employees, you may have thought the issue was clear: People in at-risk categories for catching COVID...

Arkansas Stephen W. Jones of Jack Nelson Jones, PLLC, and Audra Hamilton and Nathan Read of Mitchell Williams
Kansas Boyd A. Byers, Teresa L. Shulda, and Tara Eberline of Foulston Siefkin LLP
Missouri Robert A. Kaiser, Jeremy Brenner, and Ida S. Shafaie of Armstrong Teasdale LLP
Oklahoma Charles S. Plumb, Courtney Bru, Paul Ross, Philip Bruce, and Jacob Crawford of McAfee & Taft

Delaware Lauren Russell of Young Conaway Stargatt & Taylor, LLP
Maryland Steven E. Bers and David M. Stevens of Whiteford, Taylor & Preston, L.L.P.
New Jersey John C. Petrella and Dina M. Mastellone of Genova Burns LLC
Pennsylvania Dena Calo, Lisa Koblin, Carolyn Pellegrini, and Zachary Kimmel of Saul Ewing Arnstein & Lehr LLP
Virginia Jonathan Mook and Bernard J. DiMuro of DiMuroGinsberg PC

Illinois Steven L. Brenneman and Kelly Smith-Haley of Fox, Swibel, Levin & Carroll, LLP
Indiana Brian R. Garrison of Faegre Drinker
Michigan Gary S. Fealk and John T. Below of Bodman PLC
Ohio Fred G. Pressley, Jr., Jourdan D. Day, and John M. Stephen of Porter Wright Morris & Arthur LLP
Wisconsin Saul Glazer, Troy D. Thompson, Michael J. Westcott, Leslie A. Sammon, and Heath Straka of Axley Brynelson LLP

Kentucky Richard S. Cleary, John T. Lovett, Robert D. Hudson, and Kathleen Biggs Wright of Frost Brown Todd LLC
North Carolina Richard L. Rainey of Womble Bond Dickinson (US) LLP
South Carolina Richard J. Morgan, James K. Gilliam, Jonathan C. Eggert, and Chandler E. Aragona of Burr & Forman LLP
Tennessee Kara E. Shea and David Johnson of Butler Snow LLP
West Virginia Larry J. Rector and Allison B. Williams of Steptoe & Johnson PLLC

Alabama Albert L. Vreeland and David J. Middlebrooks of Lehr Middlebrooks Vreeland & Thompson, P.C.
Florida G. Thomas Harper of The Law and Mediation Offices of G. Thomas Harper, LLC, Lisa Berg and Andrew Rodman of Stearns Weaver Miller, and Robert J. Sniffen and Jeff Slanker of Sniffen & Spellman, P.A.
Georgia Raanon Gal of Barnes & Thornburg LLP, Glianny Fagundo of Thompson Hine LLP and Chris Butler of the Chris Butler Firm
Louisiana H. Mark Adams and Jennifer Kogos of Jones Walker LLP
Mississippi Martin J. Regimbal of The Kullman Firm

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