Employment Law Letter

DOL provides new guidance on FMLA leave for mental health conditions

Earlier this year, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published new guidance related to the Family and Medical Leave Act (FMLA), labeled Fact Sheet #280. It specifically explains when...

Nov 30, 2022 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

No take backs? Jury to decide if refusal to let employee rescind resignation was retaliatory

If an employee asks to rescind a previously submitted resignation, what obligation does an employer have to consider the request? And would rejecting such a request give rise to a retaliation claim? The United States...

‘Totality of the circumstances’ test for independent contractor status returns

On October 11, the U.S. Department of Labor (DOL) released a long-anticipated proposed rule that seeks to reinstate the “totality of the circumstances” test used to determine whether an individual is an employee or...

How changes to the ‘family glitch’ affect workplace health plans

The IRS finalized new rules that change eligibility requirements for the premium tax credit (PTC) created under the Affordable Care Act (ACA). It’s now easier for an employee’s family members to enroll in subsidized...

Louisiana court dismisses TSA officer’s harassment, discrimination claims

The U.S. District Court for the Eastern District of Louisiana in New Orleans recently dismissed claims against the U.S. Department of Homeland Security (DHS) for harassment and race discrimination. The court ruled that...

Facebook Messenger for FMLA leave requests? Maybe

Even with absences covered by the Family and Medical Leave Act (FMLA), an employer is entitled to put policies in place describing how employees must notify the employer about their health-related absences. As the means...

Nov 20, 2022 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Rewind, revise, clarify: DOL takes aim at independent contractor regs

The U.S. Department of Labor (DOL) has announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors—who aren’t covered by the Fair Labor Standards...

EEOC overhauls ‘Know Your Rights’ poster

In mid-October, the Equal Employment Opportunity Commission (EEOC) released its “Know Your Rights—Workplace Discrimination is Illegal” poster. This replaces its previous “EEO is the Law” poster. The new poster is...

Two different ways a late arbitration request goes unfulfilled

Two recent arbitration decisions highlight two different ways arbitration plans can go awry. The first shows that failing to assert your arbitration rights early enough can be considered a waiver of the right to...

Nov 20, 2022 · Employment Law Letter · California

Reasonable belief is all that’s needed under California Whistleblower Protection Act

An employee recently expressed to his supervisor that he felt a task he was assigned violated federal law. He was later fired, and he claimed his termination was in retaliation for raising his concerns. The U.S. 9th...

Nov 20, 2022 · Employment Law Letter · California

9th Circuit rules computer bootup time is compensable

Employees at a call center were required to use a computer for all job tasks. At the start of each day, they frequently had to turn on computers and wait an average of seven to 12 minutes for the computers to become...

Nov 20, 2022 · Employment Law Letter · California

Getting hybrid right: Employers, employees seek solutions to downsides

Hybrid—that’s the key word in any discussion of the world of work’s new normal. When the pandemic forced a pivot from in-office to at-home work, some employees thrived in the safety, flexibility, and convenience of...

Nov 06, 2022 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Delaware Lauren Russell of Young Conaway Stargatt & Taylor, LLP
Maryland Steven E. Bers and David M. Stevens of Whiteford, Taylor & Preston, L.L.P.
New Jersey John C. Petrella and Dina M. Mastellone of Genova Burns LLC
Pennsylvania Dena Calo, Lisa Koblin, Carolyn Pellegrini, and Zachary Kimmel of Saul Ewing Arnstein & Lehr LLP
Virginia Jonathan Mook and Bernard J. DiMuro of DiMuroGinsberg PC

Employment Law Letter

DOL provides new guidance on FMLA leave for mental health conditions

No take backs? Jury to decide if refusal to let employee rescind resignation was retaliatory

‘Totality of the circumstances’ test for independent contractor status returns

How changes to the ‘family glitch’ affect workplace health plans

Louisiana court dismisses TSA officer’s harassment, discrimination claims

Facebook Messenger for FMLA leave requests? Maybe

Rewind, revise, clarify: DOL takes aim at independent contractor regs

EEOC overhauls ‘Know Your Rights’ poster

Two different ways a late arbitration request goes unfulfilled

Reasonable belief is all that’s needed under California Whistleblower Protection Act

9th Circuit rules computer bootup time is compensable

Getting hybrid right: Employers, employees seek solutions to downsides

Finally time to party? Getting a holiday gathering right in 2022

For the best in HR policies, try . . . Chick-fil-A?

Equal Pay Act claim survives while all others fail

Mid-Atlantic Editors