In a case involving same-sex sexual harassment, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently partially reversed a district court’s grant of summary judgment...
Employment Law Letter
President Joe Biden recently issued Executive Order (EO) 14026 increasing the minimum wage for federal contractors and phasing out the tip credit wage. What president’s order says Minimum wage. Starting January 30, 2022...
Q If we need to lay off an employee because our business still hasn’t returned to prepandemic production levels, will we be charged for the unemployment? Anyone we laid off last March isn’t currently getting charged to...
The Vermont Supreme Court recently considered whether a surviving spouse could collect her husband’s retirement account allowance under the Vermont State Employees’ Retirement System (VSERS) even though he failed to...
If disabled employees can’t be reasonably accommodated in their current job, the Americans with Disabilities Act (ADA) requires you to consider reassigning them to a vacant position they are qualified to perform. Under...
In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill (SB) 5172...
Strong passwords. Two-factor authentication. Mandatory password changes. Most of us have seen these and other cybersecurity requirements expand in both scope and complexity in recent years. Many changes have been...
Q Can we ask employees if they have received the COVID-19 vaccine? A Yes. In short, employers may ask employees to tell (and show proof) whether they have been vaccinated. In December 2020, the Equal Employment...
The Equal Employment Opportunity Commission (EEOC) recently issued guidance about whether employers may offer incentives to employees or their family members to get vaccinated for COVID-19. Although the guidelines are...
Q Our employee has filed an Americans with Disabilities Act (ADA) request with her psychiatrist to work from home permanently. Do we have to accommodate her? She already has performance issues, and no one else on her...
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)...
An employer wasn't liable to a former employee who alleged he was terminated because he was transgender, the 5th Circuit recently ruled, upholding a Houston federal district court decision. The appeals court said the...
On June 21, the U.S. Department of Labor (DOL) issued a notice of proposed rulemaking (NPRM) proffering limits on the tip credit employers can take during workweeks when tipped employees perform tasks that "directly...
Major depressive disorder affects many Americans. In 2017, about seven percent of U.S. adults endured at least one major depressive episode, according to the National Institute of Mental Health. When the depressive...
In a much-anticipated decision, the 11th Circuit (which covers Alabama, Florida, and Georgia employers) recently provided relief to businesses facing website accessibility lawsuits filed by serial litigants. Background...