HR Alerts

Court challenge looms, but employers urged to prepare for new overtime rule

by Tammy Binford

Apr 30, 2024 · HR Alerts · 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

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Analysis

Ignoring OSHA safety standard not ‘reasonable’ accommodation

Most employers know the Americans with Disabilities Act (ADA) requires them to consider a disabled employee’s request for a reasonable accommodation so she can perform an essential function of her position. In a recent...

Jul 31, 2021 · Employment Law Letter · New York

HERO Act model standard, disease prevention plan issued

The New York State Health and Essential Rights Act (HERO Act), which was signed into law on May 5, created new headaches for employers. Although June 2021 amendments clarified some issues and extended the implementation...

Jul 31, 2021 · Employment Law Letter · New York

Employees can sue employers for certain workplace injuries in New Mexico

In nearly all workplace injury cases, workers’ compensation laws provide the employee’s exclusive remedy. It’s still possible, however, for a New Mexico employer to be sued for damages by an employee who gets injured on...

Jul 31, 2021 · 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

Employee walkout may be protected, but not sharing of confidential info

Q An employee organized a mass “call in sick day” on social media and bad-mouthed the company. She also posted confidential financial information, including her coworkers’ pay rates. Can we fire her? A The posting of...

NJ court gives employers hope in fight against FMLA abuse

The U.S. District Court for the District of New Jersey recently upheld the dismissal of an employee’s discrimination and retaliation claims filed under the Family and Medical Leave Act (FMLA). The employee claimed she...

NJ Supreme Court strikes adverse employment action requirement for accommodation claims

On June 8, the New Jersey Supreme Court affirmed the Appellate Division’s ruling that an employee asserting a failure-to-accommodate claim doesn’t have to establish separately that she suffered an adverse employment...

Legislative session brings key changes to Nevada noncompete law

The 2021 Nevada legislative session has already brought changes to state employment law. Among the most noticeable developments is Assembly Bill (AB) 47, which amends the statute governing noncompete agreements. AB 47...

What employees must show to prove Title VII claims against federal employers

Claims filed under Title VII of the Civil Rights Act of 1964 require employees to demonstrate several specific elements to prove race discrimination, retaliation, hostile work environment, or constructive discharge by a...

5th Circuit highlights importance of treating equals equally

It has been said consistency is more important than perfection. Though that is arguable in the legal world, the importance of an employer’s consistency cannot be overstated. A recent decision by the U.S. 5th Circuit...

DOL releases COVID-19 emergency temporary standard, covering healthcare workers

Earlier this year, President Joe Biden issued an Executive Order (EO) directing the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) to develop an emergency temporary standard (ETS)...

Special shift assignments can affect FMLA's 'hours worked' component

As the chaos of the COVID-19 pandemic begins to wind down, many employers are failing to find enough workers to fill open positions as they ramp up production and expand business hours. Consequently, they're exploring...

8th Circuit ruling offers window into work investigation, documentation best practices

A former Andersen Corporation employee failed to establish the essential elements of a variety of claims against the company, the U.S. 8th Circuit Court of Appeals (which covers Minnesota employers) recently ruled...

MN employer’s attendance policy outweighs former employee’s ADA, FMLA claims

Regular attendance at the worksite can be an essential job function, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently reminded employers, upholding the termination of an...

ICE extends relaxed rules for viewing I-9 documents through August 2021

Immigration and Customs Enforcement (ICE) recently announced another extension of the rules allowing employers to inspect new employees’ I-9 documents remotely. In 2020, ICE first announced it would provide employers...

Reminder to employers: Be consistent with similarly situated employees

A recent decision from the U.S. District Court for the Western District of Michigan illustrates how important it is to treat similarly situated employees similarly. Facts Burroughs Corp. terminated Robert Earle Bownes...