Q We have a nonexempt employee who sent an e-mail requesting time off in lieu of pay for overtime hours he already worked. Are we allowed to grant his request? Providing nonexempt employees with compensatory time in lieu...
Employment Law Letter
State and local governments throughout the country have increasingly adopted laws and regulations that prohibit employers from inquiring about a job applicant's salary history during the interview process. Wisconsin has...
The U.S. Court of Appeals for the 5th Circuit (whose rulings apply to all Mississippi employers) recently addressed a former employee's claim that his firing amounted to disability discrimination because the conduct...
For many employers, asking whether a job applicant or employee has a disability is a recipe for a discrimination lawsuit. For those of you who are HR professionals for government contractors, however, "don't ask" is not...
About a year ago, the U.S. Court of Appeals for the 1st Circuit reminded employers that employees must have a covered "disability" to be protected under the Americans with Disabilities Act (ADA). This year, the 1st...
Healthcare providers, especially hospitals and clinics, routinely deal with people who are injured, but when is a patient's injury reportable? It depends on the circumstances. For example, if a person shows up at the...
On January 27, 2020, Virginia became the 38th state to ratify the Equal Rights Amendment (ERA). Three days later, the state joined with Illinois and Nevada to file a lawsuit in the U.S. District Court for the District of...
In a 2-1 decision on December 18, 2019, the U.S. Court of Appeals for the 5th Circuit declared the Affordable Care Act's (ACA) individual health insurance mandate unconstitutional as a result of Congress's elimination of...
Thinking about employment discrimination claims, business owners might assume that if an individual were to file one, they would be served with a lawsuit. It might surprise small business owners checking their mail, then...
A continuing theme of the Trump administration has been to reduce the burden of regulations on American businesses. One of the earliest indications of the seriousness of that pledge was the administration's unprecedented...
When an employee responded to a suspension notice by sending an e-mail stating simply, “I sue,” his employer fired him. Unsurprisingly, he sued, and an appeals court found his termination was retaliatory. Facts Nityanand...
Figuring out when a joint-employment arrangement exists can be like traveling a dusty, winding road. When will the dust settle, and where will the road go? Those questions haven't been completely answered. One answer...
A Pew Research Center study found the average hourly wage for females increased 45 percent between 1980 and 2018, while the average hourly wage for males increased only 14 percent, resulting in an overall decrease in the...
Some tout the use of artificial intelligence (AI) in hiring as a means of quickly and efficiently screening job applicants and, perhaps more important, removing human bias from hiring. But others point to AI doing just...
Q We are moving into a new office space with two buildings joined in the middle by a breezeway. Will we need to post workers' compensation and Occupational Safety and Health Administration (OSHA) notices in both...