Employment Law Letter

Speak now or forever hold your peace: NLRB proposes new joint employer rules

Over the last decade, there has been a significant amount of litigation over how to determine if multiple companies are joint employers of a workforce. Joint employer status can create significant liability issues for...

Oct 31, 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

What employers should know about remote work if they employ foreign nationals

According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of...

Court razes architect’s failure-to-accommodate suit

The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy. Facts In...

Be prepared to handle time off requests for religious observance

The holidays are just around the corner, and like every year, employers should start bracing for time-off requests. Many requests may be for religious observation. Employers should be aware and mindful of how they...

Teacher gets $95,000 after suspension for not using student’s preferred name, pronouns

Can an employer mandate that its employees address their colleagues, customers, or students by their preferred names and pronouns? That’s the million-dollar question. Or in the case of a Kansas middle school teacher who...

Seattle enacts new independent contractor protections

Seattle’s new Independent Contractor Protections Ordinance took effect on September 1, 2022. The law requires certain employers to provide independent contractors with disclosures both before entering a contract and at...

Employers can’t mandate arbitration of sexual assault and harassment claims

Courts have long favored arbitration as a method of dispute resolution under the Federal Arbitration Act (FAA). In 2018, the U.S. Supreme Court reinforced the policy favoring arbitration agreements in Epic Systems Corp...

Arizona and Flagstaff minimum wage rises again on January 1, 2023

On January 1, 2022, Arizona’s minimum wage increased to $12.80 per hour, making it the sixth highest among the 50 states (according to the minimum wages posted on laborlawcenter.com). While we continue to see an increase...

The sequel: EEOC updates COVID guidance

As everyone knows, the sequel is almost always messier than the original. Guidance from the Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking...

A Quiet Place Too? How to deal with employees who are quitting in place

While COVID-19 is still with us in one form or another, the effect (at least for now) is far less severe than before. As a result, pandemic-related subsidies and assistance from the government have ended, and many...

Employer’s aggressive tactics allow court to deny enforcement of noncompete

Massachusetts enacted significant noncompete reform in 2018. Under Massachusetts law, noncompete agreements entered after October 1, 2018, can only be used and enforced if they comply with the standards of the...

4th Circuit clarifies what qualifies as similar jobs under EPA

In an unpublished opinion, a unanimous panel from the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in South Carolina, Maryland, North Carolina, Virginia, and West Virginia) provided some great...

Mississippi court denies former police chief’s due process appeal

Recently, the Mississippi Court of Appeals addressed a former police chief’s appeal of the City of Greenville’s decision to accept and enforce his resignation. It upheld the city’s decision and addressed the statutory...

Something off in your performance review process? Bias may be the culprit

Performance reviews (whether they’re annual, quarterly, or on some other schedule) can be fraught with flaws and weaknesses. Reviews often make both employees and managers nervous—employees because of what’s at stake...

Oct 31, 2022 · Employment Law Letter · California · New York · Texas · 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

Ideas for employers dealing with the ‘quiet quit’ phenomenon

With all the talk in recent months about “quiet quitting,” it doesn’t seem so quiet anymore. Employees who quietly have decided to just do the bare minimum at work instead of going the extra mile are making a loud...

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

Mid-Atlantic Editors