On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long-anticipated final guidance on workplace harassment and provided specific examples of behavior that constitutes unlawful harassment...
Employment Law Letter
Does your organization need a Pregnant Workers Fairness Act (PWFA) policy? In a word, no. What, too short? Okay, okay; here’s why your organization doesn’t need a PWFA-specific policy. It’s not required Employers have to...
The Fair Labor Standards Act (FLSA) was passed in 1938. For the past 86 years, employers have tried to circumvent its requirements, and for the past 86 years, they’ve failed. A very recent attempt was here in Texas...
As remote work arrangements proliferate, it’s crucial for employers to remain compliant with legal obligations, including those outlined in federal and state Worker Adjustment and Retraining Notification (WARN) acts...
Jul 01, 2024 · Employment Law Letter
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In its recently concluded session, the West Virginia Legislature tweaked the somewhat misleadingly titled West Virginia Business Liability Act—the statute commonly known as the “guns in parking lots” law. Passed in 2018...
In a recent decision, the Nebraska Supreme Court overturned the denial of a woman’s workers’ compensation claim for a COVID-19 infection. Nurse contracts COVID-19 Christine Thiele contracted COVID-19 in April 2020 while...
Some employers may designate employees for on-call status, requiring them to be available to respond to after-hours service needs or emergencies. A recent decision from the U.S. 10th Circuit Court of Appeals (whose...
On April 23, 2024, the U.S. Department of Labor (DOL) published a final rule that raises the minimum salary threshold of the standard exemption from the minimum wage and overtime protections under the Fair Labor...
Q Must we keep an employee if they provide two weeks’ notice, or are we able to end their employment early? Like many payroll questions, this may depend a bit on your state law. In general, with employment at will you...
Most employers understand the U.S. Equal Employment Opportunity Commission (EEOC) requires them to have an effective harassment policy. However, the EEOC hasn’t provided any guidance on the content of these policies...
On May 24, 2024, the U.S. Court of Appeals for the 5th Circuit in New Orleans (which covers Louisiana, Mississippi, and Texas) upheld a district court’s decision that two highly compensated IT engineers were not properly...
The U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis appears to have expanded the universe of “adverse employment actions” that could support an employee’s discrimination claim. The new standard...
The Federal Trade Commission’s (FTC) noncompete rule deals a death blow to traditional noncompete agreements. Assuming challenges are unsuccessful, the rule will go into effect in August and will negate all existing...
When I was in active practice, I would hear this plaintive protest from managers accused of unlawful discrimination: “I don’t hate [the employee] because they are [fill in blank protected classification]. So how can I be...
Collective bargaining issues and unfair labor practices under the National Labor Relations Act (NLRA) continue to dominate headlines and changes in the law. We have previously noted the increased initiatives by National...