The entire Pacific Northwest region has suffered through a recent period of unprecedentedly high temperatures, even for summer. In response, the Oregon Occupational Safety and Health Administration (Oregon-OSHA) has...
Employment Law Letter
Noneconomic damages (i.e., damages for such things as emotional injury or mental distress) are uncapped in Oregon employment cases, the state supreme court recently ruled in response to a question from the U.S. 9th...
In early January 2021, the Trump administration created a new, employer-friendly regulation that would have made it easier (or at least provided clarity) for companies to classify workers as independent contractors. The...
The Biden administration recently unveiled its American Families Plan (AFP), an initiative focused on supporting children and families that includes making investments in education, extending tax cuts to lower- and...
To prepare for issues Oklahoma employers could face in the future, we monitor lawsuits filed in other states that present new, unique, or challenging claims. Keeping track of national trends makes you better equipped to...
On May 17, 2021, the U.S. Department of Education’s (DOE) Office for Civil Rights (OCR) announced it will host public hearings on the Title IX final rule issued a little over a year ago and that went into effect on...
An employee assented to an arbitration agreement by signing it electronically, the Ohio 10th District Court of Appeals recently held. Further, the court found the employee wouldn’t be prejudiced (or harmed) by having to...
An Ohio appellate court has issued a decision addressing what appears to be a novel issue: whether an employer can be sued for breach of contract for disparaging remarks about a former employee when a settlement...
In North Dakota, employment is presumed to be “at-will,” meaning an employer has the right to terminate an employee at any time, with or without cause or notice. The North Dakota Supreme Court has recognized limited...
It was not an April Fools’ Day joke. On April 1 of this year, Coach Roy Williams announced his retirement from coaching basketball at the University of North Carolina. Not to be outdone, two months later, on June 2...
Arbitration agreement provisions stating the arbitrator’s decision cannot be reviewed by an appellate judge are enforceable under the Federal Arbitration Act (FAA), the U.S. 4th Circuit Court of Appeals (whose rulings...
In nearly all workplace injury cases, workers’ compensation laws provide the employee’s exclusive remedy. It’s still possible, however, for a New Mexico employer to be sued for damages by an employee who gets injured on...
Q An employee organized a mass “call in sick day” on social media and bad-mouthed the company. She also posted confidential financial information, including her coworkers’ pay rates. Can we fire her? A The posting of...
The U.S. District Court for the District of New Jersey recently upheld the dismissal of an employee’s discrimination and retaliation claims filed under the Family and Medical Leave Act (FMLA). The employee claimed she...
On June 8, the New Jersey Supreme Court affirmed the Appellate Division’s ruling that an employee asserting a failure-to-accommodate claim doesn’t have to establish separately that she suffered an adverse employment...