Employment Law Letter

Employees must meet both FMLA leave eligibility requirements

Q An employee who has requested Family and Medical Leave Act (FMLA) leave has been with us for only 11 months but has worked 1,908 hours in that time. Does he have to meet both the 12 months of employment and the 1,250...

Sep 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

Grudge match: Long-simmering resentment stokes age bias, retaliation claims

People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue? Well, in one case, a manager held a grudge against an employee for 11 years. The...

DOL actions highlight three crucial child labor protections categories

With labor shortages leaving fast food and other minimum-wage work environments short-staffed, many businesses are relying on teenage employees to fill the void. But employers must be aware of applicable child labor laws...

Qualified immunity defense may apply to FMLA claims

Government employees and officials are granted “qualified immunity” in suits where they act in good faith and with a reasonable belief that their actions comply with the law. Most frequently, qualified immunity is...

Focus on noncompetes increases after the Great Resignation

We’re hearing from business clients what we’re all seeing in the headlines: Employees are hard to hire and retain these days. “The Great Resignation” is a new phrase used to describe the unprecedented level of employee...

Know your obligations to employees on military leave

Most HR professionals are aware that under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and similar state laws, they have to provide military leave for employees with military service...

Interactive process not triggered until employee brings up need for accommodation

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified...

Clear, effective social media policies protect reputation and reduce risk

Generally speaking, you can prohibit your employees from engaging in certain activities (including social media use) during work hours or while using your equipment and/or communication systems—and discipline them for...

Time to revisit and update your COVID-19 policies

During July 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance. The new standards set forth important updates and clarifications regarding COVID-19 testing, vaccine mandates...

Danger, Will Robinson! Wage assignments can lead to big trouble

In the 1960s science fiction television series Lost in Space (and the more recent Netflix reboot), a space-faring family befriends a robot who protects them from various intergalactic perils. The youngest member of the...

ABC not easy as 1-2-3: NJ Supreme Court issues employment misclassification decision

On August 2, 2022, the New Jersey Supreme Court issued a unanimous opinion stating that workers previously classified as independent contractors were actually employees of a drywall installation business. The court also...

Nebraska voters will vote to increase minimum wage to $15 by 2026

It’s official: Nebraska voters will vote on whether to raise the state’s minimum wage to $15 per hour by 2026. Earlier this summer, we reported on the petition drive and the submission of signatures, which have now been...

Mooresville hotel settles EEOC suit

The Equal Employment Opportunity Commission (EEOC) has announced that T.M.F. Mooresville, LLC, which operates as Hampton Inn & Suites Mooresville/Lake Norman, has agreed to pay $60,000 and provide other nonmonetary...

Employee fails to connect racial acts to adverse action

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her...

Despite violating numerous policies, flight attendant wins initial day in court

A recent jury verdict against Southwest Airlines and the Transport Workers Union of America, Local 556 is an interesting study in the tension between an employer’s right to police an employee’s statements on social media...

Sep 18, 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

Mid-Atlantic Editors