Employment Law Letter

As gun violence increases, workplace safety isn't what it used to be

As an employer, you have a responsibility under the Occupational Safety and Health Act (OSH Act) to provide a safe work environment for your employees, which includes creating a workplace that's free from serious...

Jan 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

Antidiscrimination policies alone don't eliminate employer liability

A recent report issued by the National Guard Bureau's Judge Advocate in the Office of Complex Investigations (NGB-JA/OCI) found the Wisconsin National Guard's policies, procedures, and investigatory protocols for...

An HR manager's New Year's resolutions

The start of a new year is often a great opportunity for self- reflection; and with the new year come plans and determinations to improve ourselves in various ways. A recent study has shown, however, that 80% of New Year...

Alaska Supreme Court to resolve long-standing wage and hour issue

In a major development that will have a significant impact on employers in Alaska, the Alaska Supreme Court recently accepted a request from a federal court to decide the burden of proof for establishing wage and hour...

A discrimination and harassment claim analysis in 2 parts

It seems like a very, very long time ago—at least in the world of employment law—that Congress revised the standards courts apply in disability discrimination claims brought under the Americans with Disabilities Act (ADA...

7th Circuit says disability harassment is actionable, but employee didn't prove it

Several years ago, an Illinois court held for the first time that the Illinois Human Rights Act's (IHRA) ban on disability discrimination includes hostile environment claims. (See "Illinois court says IHRA prohibits...

6th Circuit narrowly defines which employees are 'similarly situated' in race bias case

The U.S. 6th Circuit Court of Appeals (which has jurisdiction over Kentucky and Tennessee employers) has dismissed an African-American state trooper's race discrimination claim even though a Caucasian trooper who engaged...

2 Hawaii companies settle EEOC lawsuits alleging disability discrimination

The new decade started off with the Equal Employment Opportunity Commission (EEOC) announcing on consecutive days that it had settled lawsuits involving disability discrimination claims against two Hawaii companies. The...

'We were on a break'—school channels Ross Gellar to deny teacher paid sick leave

By choice or by force, Illinois employers are increasingly offering paid sick leave to their employees. For instance, the city of Chicago and Cook County each have a paid sick leave ordinance, and Illinois school law...

U-Haul implements nicotine-free hiring policy effective February 2020

U-Haul recently announced its plan to implement a nicotine-free hiring policy across 21 states, including Texas, in an effort to establish one of the healthiest corporate cultures in the United States and Canada. The...

Jan 31, 2020 · Employment Law Letter · Texas

Self-audit hurts Texas employer in FLSA lawsuit

Sometimes, trying to fix a wrong just causes an employer to dig a deeper hole. Or the mistake is fixed only partially. In the following case, a Texas employer's self-audit of its pay practices resulted in correcting an...

Jan 31, 2020 · Employment Law Letter · Texas

Know what qualifies as a restricted parking lot under Mississippi's firearms statute

As we've often noted, courts have recognized four exceptions to the employment-at-will doctrine in Mississippi, one of which is based on a state statute prohibiting employers that don't satisfy certain requirements from...

EEOC consent decree serves to remind employers to reevaluate screening practices

Dollar General is the latest employer to settle with the Equal Employment Opportunity Commission (EEOC) over its use of criminal history information in the hiring process. The consent decree memorializing the settlement...

Defamation claim against former employee leads to retaliation lawsuit

Picture the following scenario: You fire an employee for legitimate reasons. He responds by filing multiple complaints with governing bodies, including a charge with the Equal Employment Opportunity Commission (EEOC)...

Employment law #10YearChallenge: What a difference a decade has made

In early 2019, social media feeds were filled with “10-year challenge” posts. To participate, users posted photos of themselves from 2009 and 2019, side by side, with the hashtag “#10YearChallenge.” As a new decade takes...

Jan 26, 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

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Employment Law Letter

Connecticut Editors