The 2021 Nevada legislative session has already brought changes to state employment law. Among the most noticeable developments is Assembly Bill (AB) 47, which amends the statute governing noncompete agreements. AB 47...
Employment Law Letter
Claims filed under Title VII of the Civil Rights Act of 1964 require employees to demonstrate several specific elements to prove race discrimination, retaliation, hostile work environment, or constructive discharge by a...
It has been said consistency is more important than perfection. Though that is arguable in the legal world, the importance of an employer’s consistency cannot be overstated. A recent decision by the U.S. 5th Circuit...
Earlier this year, President Joe Biden issued an Executive Order (EO) directing the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) to develop an emergency temporary standard (ETS)...
As the chaos of the COVID-19 pandemic begins to wind down, many employers are failing to find enough workers to fill open positions as they ramp up production and expand business hours. Consequently, they're exploring...
A former Andersen Corporation employee failed to establish the essential elements of a variety of claims against the company, the U.S. 8th Circuit Court of Appeals (which covers Minnesota employers) recently ruled...
Regular attendance at the worksite can be an essential job function, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently reminded employers, upholding the termination of an...
Immigration and Customs Enforcement (ICE) recently announced another extension of the rules allowing employers to inspect new employees’ I-9 documents remotely. In 2020, ICE first announced it would provide employers...
A recent decision from the U.S. District Court for the Western District of Michigan illustrates how important it is to treat similarly situated employees similarly. Facts Burroughs Corp. terminated Robert Earle Bownes...
The Occupational Safety and Health Administration (OSHA) published its long-awaited emergency temporary standard (ETS) and accompanying guidance, “Protecting Workers,” on June 10, 2021. The ETS applies to covered...
After months of debate and a partial veto, a bill giving Massachusetts workers paid sick time for certain COVID-19-related reasons was signed into law by Governor Charlie Baker on May 28 and went into effect immediately...
On March 13, 2020, Delaware Governor John Carney declared a state of emergency in response to the emerging COVID-19 crisis. Some 15 months later, we're still operating under a series of Executive Orders (more than 35)...
A Maine hospital violated federal labor law when it fired an employee for publishing an op-ed in the local paper criticizing the employer, the U.S. 1st Circuit Court of Appeals (which covers Maine employers) recently...
Q We are a moving and storage company, with offices in multiple states. If we were to hire minors (say 16 or 17), are there any limitations to the hours and duties they could perform? A Yes, potentially. Youth employment...
The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld the dismissal of a former employee’s sexual orientation discrimination and retaliation claims because he hadn’t...