When talking reasonable accommodations, the first thing that most people think of is the Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for qualified individuals with...
Employment Law Letter
After a medical clinic employee reported harassment, she said she didn’t want her alleged harasser “approached about his behavior specifically directed towards [her].” As a result, the lower court determined the employer...
On April 6, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued final rules covering the city’s Automated Employment Decision Tools (AEDT) Law enacted on December 11, 2021. With the final...
On May 1, 2023, the National Labor Relations Board (NLRB) reversed a 2020 decision that made it easier to discipline workers for inappropriate or offensive outbursts while engaging in activities protected by the National...
The U.S. District Court for the District of Massachusetts recently received a filing from a potentially large group of Massachusetts residents who allege their personal and private information was exposed in a data...
We are often confronted with the question of whether the Americans with Disabilities Act (ADA) obligates an employer to reasonably accommodate an employee with a disability by placing them in a vacant position even...
In 2016, the U.S. Department of Labor (DOL) sought to implement regulations to increase the salary threshold for the Fair Labor Standards Act’s (FLSA) “white collar” overtime exemptions from $455 to $913 per week. The...
The 2023 Carlton Fields Class Action Survey has revealed a significant increase in the number of labor and employment class action lawsuits and the amount companies are spending to defend those lawsuits. That is sobering...
In a recent decision, the National Labor Relations Board (NLRB) revived the “setting-specific standards” for determining whether an employee lost the protection of the National Labor Relations Act (NLRA) when engaged in...
Recently, a CEO of a certain furniture company went viral after telling her employees, on a recorded videocall, to “leave Pity City” regarding their bonuses being cancelled. While the video may leave you scratching your...
The Ohio 10th District Court of Appeals has thrown a curveball to employers in the state by limiting a defense to temporary total disability (TTD) compensation following the termination of an employee. Changes in the law...
A recent opinion by the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan, Ohio, Kentucky, and Tennessee employers) confirmed that an employee must sufficiently alert their employer of the need for a...
In its recently decided 2-1 decision, the National Labor Relations Board (NLRB) discussed additional remedies it may now consider in cases involving employers that have engaged in what the Board considers repeated or...
Since 1977, employers evaluating whether an employee’s religious accommodation request would cause undue hardship on their business had a low burden to meet. A denial of a religious accommodation could likely be...
Many municipalities use their contract power to advance policy goals. One such mechanism is a living wage ordinance, under which some employers might be required to pay more than the minimum wage in return for certain...