The H-1B visa classification is a U.S. employer’s go-to when employing foreign nationals to work in specialty occupations in the United States. Each year, employers dash to find highly skilled workers and race to file...
Employment Law Letter
“If I’m a lawful medical marijuana user, you can’t fire me for testing positive for weed—right?” That’s not always the case. Oklahoma employers can learn something from a decision last month by an Arkansas federal court...
Last December, Congress significantly expanded the protections afforded to pregnant workers by passing the highly anticipated Pregnant Workers Fairness Act (PWFA), as well as the Providing Urgent Maternal Protections for...
New York Governor Kathy Hochul recently signed legislation amending Section 201 of the New York Labor Law (NYLL). Employers must now make all mandatory New York workplace postings available to employees electronically...
A flurry of recent federal and New York State legislation has expanded protections for employees who are pregnant, nursing, or experiencing pregnancy-related medical conditions. Federal legislation Employers should be...
On February 21, 2023, the National Labor Relations Board (NLRB) made a broadside attack on precedent, confidentiality, and nondisparagement provisions in severance agreements signed by rank-and-file employees. The far...
On February 6, 2023, Governor Phil Murphy signed Assembly Bill 1474/S511, commonly referred to as the Temporary Workers’ Bill of Rights. The bill’s “equal-pay-equal-benefit” provision requires temporary workers to be...
On March 7, 2023, the New Jersey Appellate Division ruled that a former employee must arbitrate her race discrimination claims rather than pursue them in court because she electronically acknowledged a mutual agreement...
The Minnesota Supreme Court issued an important decision in an employment law case on February 8, 2023, that clarifies standards established under the Minnesota Human Rights Act (MHRA). Background Barbara Henry was a...
A recent decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan employers) upholding a noncompete agreement with a former employee highlights the need for legal counsel to craft...
A recent National Labor Relations Board (NLRB) ruling determined that including certain nondisparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (NLRA). Facts...
The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of...
A recent case from the U.S. 5th Circuit Court of Appeals (whose rulings cover all Texas employers) illuminates a fundamental tenet of employment law—namely, the prima facie (minimally sufficient) case. And like a...
This Texas case could be called “A Tale of Two Bonuses.” An employee received one from his employer but not the other. The reason why is instructive. Bonus #1 vs. bonus #2 Nicholas Scarsella went to work for Texstars...
Is an employee who makes $200,000 per year eligible for overtime? In two words: You bet. The U.S. Supreme Court ruled a day-rate employee wasn’t exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements in...