America may be moving forward from the COVID-19 pandemic, but employers continue to deal with its aftermath as they face lawsuits alleging violations under the Families First Coronavirus Response Act (FFCRA). On July 19...
Employment Law Letter
On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. It reversed a trial...
Employers sometimes find themselves in the position to take adverse employment action against employees who perform poorly in one or more aspects of their jobs. Yet doing so can be problematic when criteria used to...
A recent ruling from the 5th Circuit gives us valuable lessons on how Texas employers should deal with a disability in the workplace. Let’s do an after-action analysis and see what we can learn. Employee reports her...
You might have heard of “qualified immunity,” which is a controversial defense afforded to public employees alleged to have violated a person’s constitutional rights. The U.S. 5th Circuit Court of Appeals (whose rulings...
On July 18, 2022, the U.S. 5th Circuit Court of Appeals, whose rulings apply to all Texas employers, reasoned that an employee whose sleepwalking condition—known medically as “somnambulism” and afflicts 4,000,000...
Q An employee has been permanently disabled since 2012 and has been allowed by union contract to remain on the group insurance, provided the employee pays their share of the premium. The employee has become delinquent...
Q We’re a privately owned company with fewer than 100 employees. Do we have to follow the Worker Adjustment and Retraining Notification (WARN) Act regulations in the event we decide to conduct a temporary layoff in the...
It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s...
Since early in the pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has maintained Technical Assistance Questions and Answers on its website to assist employers with navigating the intersection of COVID...
One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they...
I used to really enjoy watching The Real Housewives on Bravo. The franchise gave a glimpse into the glittering lives of women in Beverly Hills, Atlanta, and other major cities across America (and Dubai). Unfortunately...
Colorado’s revised noncompete statute takes effect on August 10, 2022. It imposes strict new requirements for noncompete and customer non-solicit agreements. Here are four steps employers can take to ensure compliance...
On May 18, 2022, the Idaho Supreme Court clarified the scope of an employer’s liability for workplace injuries under the Idaho Workers’ Compensation Act (WCA). Specifically, the court adopted a new standard for...
Q We’re a privately owned company with fewer than 100 employees. Do we have to follow the Worker Adjustment and Retraining Notification (WARN) Act regulations if we decide to conduct a temporary layoff in the near future...