Employment Law Letter

Words matter—and they matter a lot. One word can make all the difference in the trajectory of communication. Law school teaches you, as Carl Jung remarked, that “to ask the right question is already half the solution to...

Good timing can mean the difference between success and failure, and waiting too late can cost you—as a transit employee discovered the hard way. Although this case comes from a different state, it’s still helpful when...

Hospitality employers with tipped employees received welcome news in late August when a federal appeals court overturned the Department of Labor’s (DOL) so-called 80/20/30 rule—the highlight of a new set of regulations...

Administering and policing Family and Medical Leave Act (FMLA) requests means reviewing medical reports submitted by employees in support of their absences. When something looks fishy about an FMLA medical certification...

With the holidays about to be in full swing and the end of the year near, visions of time-off requests, bonuses, and parties are likely dancing in employers’ heads. Getting any of those things wrong is a sure way to...

If multiple studies and surveys are to be believed, employers are suffering an engagement problem—and there’s no end in sight. Concerns existed even before the pandemic brought upheaval to the workforce by making working...

Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a...

In late August, a federal judge in Georgia blocked the U.S. Department of Labor (DOL) from enforcing its farmworker protection rule, also known as the “Improving Protections for Workers in Temporary Agricultural...

Is an HR investigation into discrimination admissible evidence? A recent case from the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) declares the answer is “yes.” But as the expression goes...

Seasoned HR professionals understand that employers typically cannot obtain a valid waiver for non-payment of wages owed to an employee. As discussed below, there may be a different tool in the toolkit that can reduce...

Workers continue to find new ways to create potential hostile work environment liability for their employers under Title VII of the Civil Rights Act of 1964. In June 2023, the U.S. 9th Circuit Court of Appeals (whose...

Q Can employers that don’t have to comply with the Family and Medical Leave Act (FMLA) have to continue health insurance coverage for employees when they’re on workers' compensation leave? Must they give employees the...

Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Like so many questions related to the FMLA, the...

The U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) recently issued an opinion warning Texas employers of the dangers of allowing employees to work off the clock. Forewarned is forearmed...

Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Great question; complicated answer. The answer...