by Tammy Binford
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges.
The U.S. Equal Employment Opportunity Commission (EEOC) has struck again, this time with a lawsuit claiming a North Carolina-based chain of Subway franchises subjected employees to a hostile work environment, discharged...
On March 28, 2023, in a published decision in Gold Tree Spa, Inc., v. PD Nail Corp., the New Jersey Appellate Division extended the New Jersey Supreme Court’s seminal decision in Willingboro Mall, Ltd. v. 240/242...
On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired because of his age and disability. The court ruled that when an employee offers no evidence of...
A worker sued her former employer for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD), claiming the employer’s conduct subjected her to severe emotional distress. On March 16, 2023...
The U.S. 8th Circuit Court of Appeals (whose rulings cover Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota employers) recently issued a decision in a case from Nebraska, which highlighted...
For a number of years, there have been several proposals in the Nebraska Legislature to require private employers to provide paid parental leave, none of which have gotten any traction to date. On April 10, 2023, however...
On March 16, 2023, Governor Gretchen Whitmer signed a bill that expands the Elliott-Larsen Civil Rights Act (ELCRA) to include protections for LGBTQIA+ individuals. ELCRA amendments Originally enacted in 1977, ELCRA...
Massachusetts significantly amended its Maternity Leave Act in 2015 when it became known as the Parental Leave Act. Among other things, the Act expands coverage to men, requires employers to provide the leave to full...
Late last year, the Department of Family and Medical Leave released proposed revisions to the Massachusetts Paid Family and Medical Leave Act (PFML) regulations. As expected, at the beginning of January 2023, the...
The Texas House just passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which would make discrimination based on certain hairstyles an unlawful employment practice. Read on. What is the CROWN...
We falsely think that we are doing our jobs as managers by giving performance feedback—constructive or otherwise—to employees. Not so, according to Marcus Buckingham and Ashley Goodall in their article, “The Feedback...
Employers with a policy that requires a vacant position to be filled by the most qualified applicant can now breathe more easily after the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers)...
Take great caution in tinkering with the job duties and requirements of an exempt employee. A miscalculation can result in the loss of exempt status and liability for unpaid overtime. For an employer who gambled and won...
Many companies accumulate trade secrets, such as pricing schemes, business plans, and production shortcuts, but they don’t want competitors to tap into this private reserve of knowledge. The easiest way for a competitor...
Q What are our legal obligations to an employee who fell and injured himself at work but refused medical attention when the ambulance arrived? Even when an employee refuses medical treatment after a work injury, you...