Less than two years ago, the world learned of the novel coronavirus known as COVID-19. Since then, tens of millions of people have become infected around the world, and nearly five million have died, including more than...
Employment Law Letter
On September 29, 2021, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum GC-21-08, stating her position that certain college athletes should be considered employees. Regardless of...
The nature of the COVID-19 pandemic continues to change, with the so-called fourth wave straining healthcare systems in many communities. Recognizing the changing nature of the pandemic, Virginia's Department of Labor...
Q If an employee is unable to return to work after Family and Medical Leave Act (FMLA) leave and isn't protected under the Americans with Disabilities Act (ADA), how much time should we allow before we administratively...
A federal district court in Massachusetts recently issued a decision that serves as a good reminder to employers to review their policies related to employee drug or alcohol use both on and off duty and ensure they are...
Federal, state, and local governments are now taking a stronger approach by requiring certain employees to receive the COVID-19 vaccination or otherwise regularly test negative for the virus. This article discusses the...
I recently read an interesting article by Kelly Anderson exploring the surge in salary increases for entry-level professionals as top companies try to retain their young talent. Elite law firms and Wall Street companies...
Unlike the Americans with Disabilities Act (ADA), the Florida Civil Rights Act (FCRA) doesn't afford any protection against discrimination to persons associated with an individual with a disability, the U.S. 11th Circuit...
A recent employer-friendly decision from the 5th Circuit is a reminder to take disability accommodation requests seriously. Also, remember an accommodation can be reasonable even if it's not the employee's preferred...
On September 9, 2021, President Joe Biden unveiled his COVID-19 action plan. Here are some details of particular interest to employers. Key targets Federal contractors. President Biden issued an Executive Order (EO)...
Workers’ compensation serves as the “exclusive remedy” for employees claiming benefits arising out of a work injury (if there’s no other nonemployee third party responsible for the injury). The Wisconsin Supreme Court...
The Federal Arbitration Act (FAA) enforces certain arbitration agreements involving federal law, including some employment disputes and claims against employers under the Employee Retirement Income Security Act of 1974...
Q In interviews with prospective employees, can an employer ask about their COVID-19 vaccination status? A The short answer is a qualified yes. The Americans with Disabilities Act (ADA) prohibits you from asking...
On September 9, 2021, President Joe Biden unveiled a COVID-19 action plan requiring all employers with 100 or more employees to either mandate the coronavirus vaccine or confirm negative test results for unvaccinated...
Since the 1980s, Virginia has prohibited employment discrimination against disabled workers under the Virginians with Disabilities Act (VDA). Accordingly, it’s understandable many employers in the state may have...