Employment Law Letter

The U.S. 9th Circuit Court of Appeals (whose rulings apply to all California employers) had to decide whether there was enough evidence that a demoted local postmaster was treated differently from similarly situated...

A harbor patrol officer was deemed medically unable to work and asked for disability retirement. When his request was refused, he claimed a violation of the California Fair Employment and Housing Act (FEHA). Was that the...

In an employer-friendly decision, the California Court of Appeals interpreted an arbitration agreement as requiring employees, not their employer, to initiate arbitration proceedings. In the agreement at issue, the...

Nevada business owners have undoubtedly seen the many news reports indicating that, on only his second day in office, President Donald Trump issued an Executive Order (EO) designed to eliminate affirmative action (AA)...

In late 2019, the salary threshold for exempting an employee from overtime pay was lowered. In March 2024, the Department of Labor (DOL) raised the threshold, expanding the number of employees eligible for overtime pay...

Q We have a pregnant employee who isn’t qualified for Family and Medical Leave Act (FMLA) leave because she just started with the company. She hasn’t been coming to work regularly and has been consistently working under...

The U.S. 5th Circuit Court of Appeals (which covers all Texas employers) just gave us an important reminder about how to defeat the increasingly popular claim of retaliation under Title VII of the Civil Rights Act of...

President Donald Trump has emphasized immigration enforcement and implementation of “hire American” policies that will present challenges to an employer’s ability to hire and retain foreign talent. As expected, the...

Q We have an employee who recently passed away. He wasn’t married, didn’t have a will, and didn’t have company life insurance or death benefits. How do we handle his final paycheck? Do we continue with our regular...

As the Trump administration focuses its priorities, employers need to be aware of several new, proposed, and potential changes to workplace laws, regulations, and federal agency enforcement initiatives. Here is a preview...

In 2025, you’d think I wouldn’t have to write that headline, but I do. A recent case from the U.S. 5th Circuit Court of Appeals (our federal appeals court over Texas) laid down the law once again and made it easier for...

The rise in work-from-home arrangements has caused some employees to feel they’re always on the job. Without a distinction between the workplace and home and a universally defined quitting time, the lines between work...

It didn’t take long into the second Trump administration to get a glimpse of what the federal administrative agencies may look like, at least for the near future. Here’s what we’ve seen so far. Secretary of labor The...

On January 7, 2025, the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in West Virginia, North Carolina, and South Carolina) found that a student-athlete pleaded a viable sexual harassment claim by...

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or...