by Tammy Binford
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An employee’s performance is measured by the amount of work done. Fair enough. The employee takes Family and Medical Leave Act (FMLA) leave. Must the metrics of performance measurement be adjusted as a result? Earlier...
Each year, the U.S. Bureau of Labor and Statistics (BLS) releases data about workplace injuries across the United States. In its most recent release, the agency saw more than 2.8 million reported work-related injuries...
Regular readers of Mountain West Employment Law Letter know the current National Labor Relations Board (NLRB) has issued a number of worker-friendly decisions over the past year, including Stericycle, Inc., an important...
Q: Are we obligated by law to disclose that our company vehicles are geographically tracked? If so, what is the best practice when advising employees their company cars will be trackable at all times? As a general rule...
Last month, I alerted readers to an Arizona Court of Appeals case, in which the court determined that various deviations from policies allowed an employee to proceed with his retaliation claim against his former employer...
In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work...
Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act...
Even if you are in the right when you file a lawsuit against a former employee who admittedly took your trade secrets, sometimes the reward is simply not worth the expense. Here, an employer had a former manager dead to...
A justice on the California Court of Appeals delivered candid, practical, and scathing criticism of the state’s “hair-trigger” rule permitting employees to withdraw from arbitration if employers don’t pay arbitration...
Lawsuits have become document-crazy, as the merits of a dispute are often buried by discovery (pretrial exchange of evidence) wars. One would expect that to be the case in technical litigation between mega corporations...
The latest iteration of the Department of Labor’s (DOL) independent contractor regulation was scheduled to become effective on March 11, 2024, ending this phase of one of the longest, most convoluted regulatory conflicts...
In 1937, in the midst of the U.S. Supreme Court’s battles with the New Deal and the “court-packing” controversy, the Court heard a case questioning the constitutionality of the National Labor Relations Board (NLRB). At...
During the Biden administration, the National Labor Relations Board (NLRB) has issued a series of decisions that remade the field of labor law for all employers, regardless of union status. In a group of precedent...
Corporate diversity, equity, and inclusion (DEI) programs continue to face new challenges after the Supreme Court’s decision last year banning explicit use of race in admissions to higher education—SFFA v. Harvard/UNC...
The latest litigation against President Joe Biden’s federal contractor minimum wage was heard by the U.S. 9th Circuit Court of Appeals on February 6, 2024. The litigation is one of three separate lawsuits challenging the...
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