by Tammy Binford
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You enter into a perfectly drafted arbitration agreement with an employee. After he files an administrative charge with California’s Department of Fair Employment and Housing (DFEH), the agency takes over the claim. Is...
The COVID-19 pandemic has led to a new breed of employment litigation over the last two years. The lawsuits are the result of, among other issues, employers requiring health screenings, vaccinations, and quarantining...
We are now more than two years into the massive COVID-spawned work disruption that we loosely term the Great Resignation. We have received anecdotal data explaining why people are modifying or changing their jobs and, on...
When employees with a workplace complaint are uncomfortable associating their name with the problem, filing an anonymous complaint is sometimes the chosen route. In days of yore, many employers resisted investigating...
For the past decade, California courts have had the unique task of interpreting a new statute and regulations requiring employers to “provide suitable seating” for employees who are off-duty or whose duties permit them...
On Labor Day, Governor Kathy Hochul signed a new law, Senate Bill S2776C, which makes a prime contractor (“prime”), general contractor (GC), and construction manager (CM) on a construction job liable for a subcontractor...
In a recent decision, the Appellate Division, Second Department ruled an employer’s alleged failure to engage in the “interactive process” wasn’t an independent element of a disability discrimination claim under the New...
Bloomington recently joined the ranks of Minneapolis, St. Paul, and Duluth by mandating paid sick and safe leave (or SSL) beginning on July 1, 2023. Specifically, the Bloomington City Council passed an ordinance...
The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) has determined that the COVID-19 pandemic is not considered a natural disaster, thus it is not an exception to the federal law that...
Employment-based immigration programs have become increasingly prevalent as labor shortages continue to plague employers throughout the United States. Employers who are dependent on such programs have been provided...
Q As a small employer, can we offer employees a flexible spending account (FSA) if we don’t offer a medical plan? A Unfortunately, you cannot. In fact, no employer can offer an FSA without offering a medical plan. The...
Q A pregnant employee has applied for Family and Medical Leave Act (FMLA) leave but has only been employed with our company for about five months, so she doesn’t meet the one-year, 1,250-hours-worked criteria. Are we...
Q We have an employee who has been out on workers’ compensation for over a year now. Because he hasn’t worked for so long, is he still eligible to participate in our group benefits plan? A Unless there’s a collective...
Q Although we can’t force Medicare-eligible employees to leave our group health plan, can we offer education programs to let them know their options and the benefits? A You can offer education programs to Medicare...
The definition of liberty in the United States has changed, which is more significant even than access to abortion, or gun rights, or the Chevron doctrine. Nearly every U.S. citizen can trace his or her presence here to...
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