Q We have 140 employees working remotely across many states, and as a result, they meet three of the four Family and Medical Leave Act (FMLA) requirements but not the requirement to work at a location with 50 or more...
Employment Law Letter
Q Can we require an employee to sign a noncompete agreement before they receive their final paycheck? In short—no, you cannot withhold an employee’s final paycheck until they sign a noncompete. Doing so likely violates...
Q We have 140 employees working remotely across many states, and as a result, they meet three of the four Family and Medical Leave Act (FMLA) requirements but not the requirement to work at a location with 50 or more...
Q An employee is arguing that the “witnesses” to his vulgar language in the workplace are people who don’t like him. Regardless, his behavior, tone, and lack of professional communication contribute to an unhealthy work...
Q Can we require independent contractors to complete the same trainings employees take (e.g., antiharassment or safety training)? As you may know, there are several different tests under federal and state laws to...
Q We have 140 employees working remotely across many states, and as a result, they meet three of the four Family and Medical Leave Act (FMLA) requirements but not the requirement to work at a location with 50 or more...
Beginning on January 1, 2023, there will be new limits on what can be in an employment settlement agreement and new obligations when you’re negotiating such agreements. Reviewing limits already in place The Oregon...
Usually, when an employer offers a rehabilitation training program, employees may be denied benefits if they don’t accept it as offered. As a recent case before the Arkansas Court of Appeals demonstrates, however, using...
In order to receive a commission or bonus, organizations commonly require employees to be employed on the date a commission or bonus is paid. The Colorado Department of Labor and Employment (CDLE), which interprets and...
It’s been almost three years since the advent of COVID-19 changed not only the way in which we work, but our entire lives as well. The lockdowns have ended, and we are now feeling our way through what has been termed the...
On October 31, 2022, the Idaho Supreme Court published a decision in which it reiterated the appropriate standards for reviewing, enforcing, and possibly modifying noncompete agreements. The decision also illustrated how...
In September of 2021, the U.S. 5th Circuit Court of Appeals reversed a summary judgment (dismissal without trial) order granted to Helix Energy Solutions Group related to the necessity of overtime payments for a highly...
After Elon Musk took ownership of Twitter, the company laid off over 900 California employees. As news spread that Twitter plans to eliminate 50% of its workforce, employees filed a class action lawsuit against the...
While the unemployment rate continues to remain low, given the current potential for a recession or sustained economic downturn, more employers are firing employees. Some employers are also seeing more discrimination...
Maybe you’ve experienced this: An employee has a serious health condition, you provide the required Family and Medical Leave (FMLA) paperwork, and the certification form either comes back not fully filled out or so vague...