A recent amendment to the Massachusetts Paid Family and Medical Leave Law (PFML) will allow employees to supplement—frequently referred to as “topping off”—their reduced PFML benefit using PTO to receive 100% of their...
Employment Law Letter
Since voters passed the Arizona Medical Marijuana Act (AMMA) by ballot initiative in 2010, employers have received very little court guidance regarding what constitutes discrimination or retaliation under the Act. With...
Employers that struggle to fill temporary positions might consider H-2B visas as a possible solution to their hiring needs. What is an H-2B visa? An H-2B temporary nonagricultural worker visa is a temporary (i.e...
I know this sounds like the tiles drawn in Scrabble, but it’s much more. Let’s decipher. Law school professor in conflict with her school Deana Pollard Sacks, a tenured professor at the school of law at Texas Southern...
Q One of our managers has been out on short-term disability, but he didn’t apply for Family and Medical Leave Act (FMLA) leave. If he returns three days per week, can we apply FMLA leave to cover the other two days...
With the effective date of Minnesota’s Earned Sick and Safe Time (ESST) Leave Law fast approaching, we present a rundown of frequently asked questions (FAQs) about the law so you can be ready. FAQs addressing the...
The Arizona Employment Protection Act (AEPA) sets two standards under which a constructive discharge claim (i.e., a claim by an employee who resigned due to working conditions) may be established. The first requires an...
Q We’re developing a confidentiality agreement for a client with over 200 employees. Are there any specific provisions we need to be aware of as we develop this template? Confidentiality agreements are one of the most...
A recent federal court decision notes that disabled employees or employees with substance abuse problems must comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a long-term...
Q If an employee’s on-site drug test is positive, should we follow up with a second confirmatory test? Can this confirmatory test be conducted on-site, or, by law, must this test be conducted in an outside lab? The...
Arbitration agreements are a powerful tool used by many employers as a means of alternative dispute resolution. Arbitration allows the parties of a claim to resolve the dispute privately without the involvement of a...
With inflationary pressures and lingering fears of a recession, 2023 has seen layoffs in nearly every sector of the economy. But layoffs have their own price tag, which often includes severance payments to affected...
Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, an American soccer star who’s set to retire from professional play at the end of the National Women’s...
With the new year, employers in New York State will see modifications in the minimum wage and the overtime exempt salary threshold, among other changes. Read on for the details of what’s changing and when it’s changing...
On November 17, 2023, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. Employers may need to review and revise their separation agreements to comply with the...