In 2020, the Virginia General Assembly ratified the Equal Rights Amendment (ERA), becoming not only the 38th state to endorse it but also the final one to satisfy the required two-thirds majority needed to amend the U.S...
Employment Law Letter
Sometimes a case is worth reporting on because it highlights what can go wrong for an employer. A recent decision by the U.S. 1st Circuit Court of Appeals (whose rulings apply to all Maine, Masschusetts, New Hampshire...
Given the renewed national focus on social justice issues and a growing expectation that organizations will work harder to prevent discrimination and remove artificial barriers to opportunities for all, now is an...
A Burlington associate attorney sued his law firm employer based on his belief he would make partner and earn a salary of $100,000 within five years. On all the issues, however, the Vermont Supreme Court recently ruled...
Q Can we ask employees if they have received the COVID-19 vaccine? A The short answer is: Yes. According to the Equal Employment Opportunity Commission (EEOC), you can ask employees if they have received a COVID-19...
As COVID-19 vaccinations increase and states ease pandemic-related restrictions, many employers are beginning to plan for employees’ to return to the office. But not all workers may want to return, and some might ask to...
The landscape of federal protections for individuals based on sexual orientation and gender identity is continuing to evolve. The U.S. House of Representatives recently passed the Equality Act. At the same time, however...
Arizona employers have been struggling with various mask mandates issued by different government officials and the conflicting obligations they present. In addition, the Arizona Legislature recently passed Senate Bill...
When launching an arbitration agreement, you must understand the pros and cons of requiring your employees to sign one as well as which workers should be covered and the hurdles of enforcement. Depending on the potential...
An African-American doctor's race discrimination claims against a hospital failed because he couldn't prove an employment relationship with the hospital. He had entered into a contract with a separate entity in which he...
On March 29, 2021, Florida Governor Ron DeSantis signed a new state law protecting businesses and healthcare entities from personal injury and wrongful death lawsuits triggered by COVID-19. The law creates Section 768.38...
Q We asked an employee who was working from home to return to the office because he failed to perform his job duties. Now, in the midst of a disciplinary process, he has submitted a request to work from home as a...
The Federal Arbitration Act (FAA) enforces voluntary arbitration agreements involving federal law, including some employment-related disputes. Section 1 of the Act exempts certain classes of workers from the arbitration...
After receiving a job offer from a Walmart store in Wisconsin, the candidate announced he was unable to work between sundown on Friday and sundown on Saturday for religious observation. So, the employer withdrew the...
In March 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced a new pilot program, the Payroll Audit Independent Determination (PAID) program. The employer-friendly program was intended...