Employment Law Letter

Q If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired? The short answer is...

In August, the U.S. Supreme Court upheld an injunction to the Department of Education’s recently issued rule implementing Title IX of the Education Amendments of 1972. Title IX prohibits sex-based discrimination in any...

As we find ourselves in the last half of 2024, we felt it was right to go back to the basics for those navigating the complex landscape of employment law. Understanding these laws helps to protect your business from...

One of the nightmares of HR professionals is to be told about a workplace problem “privately as a friend.” Whether something is an informal chat between friends or public notice of a problem is very hard to determine...

In a recent decision, the California Supreme Court takes an in-depth look at legislative history to dissect whether a county hospital authority entity can be liable for meal and rest period violations under the labor...

On August 2, the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) asked the Texas Supreme Court to consider whether the Texas Labor Code preempts—that is, displaces and requires dismissal...

Yes, I know artificial intelligence (AI) is a big deal. But let’s not forget that old school still works. Recently the U.S. 5th Circuit Court of Appeals (which covers Texas) rejected a special AI rule for written briefs...

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion and requires that reasonable accommodations be made for sincerely held religious beliefs. The U.S. Equal Employment...

In Wisconsin, current and former employees—even those who have been fired—have a statutory right to view and copy their personnel records. Below are answers to some common questions regarding what rights a former...

On July 11, 2024, the U.S. Court of Appeals for the 3rd Circuit held that college athletes may be considered employees under the Fair Labor Standards Act (FLSA). College athletes have historically been classified as...

Businesses employing young teens should ensure compliance with strict work-hour limits or face significant fines from the U.S. Department of Labor (DOL) under the Fair Labor Standards Act (FLSA) and its implementing...

When the COVID-19 pandemic began to ease, employers started reassessing their workplaces. Some decided to call everyone back to the office, while others continued work-from-home (WFH) arrangements on a permanent and...

If potential employees seem a bit wary these days, it should come as no surprise. Jobseekers have likely heard the increasingly common reports of companies posting ads for fake, or “ghost,” jobs. Such employer tactics...

Q How frequently can a nursing mother take breaks under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act? For example, although the law requires “reasonable break time,” what if an employee needs...

On April 23, 2024, the Federal Trade Commission (FTC) announced its final noncompete clause rule, which prohibits post-employment noncompete agreements between employees and their employers. Many Mississippi employers...