Workers’ compensation serves as the “exclusive remedy” for employees claiming benefits arising out of a work injury (if there’s no other nonemployee third party responsible for the injury). The Wisconsin Supreme Court...
Employment Law Letter
The Federal Arbitration Act (FAA) enforces certain arbitration agreements involving federal law, including some employment disputes and claims against employers under the Employee Retirement Income Security Act of 1974...
Q In interviews with prospective employees, can an employer ask about their COVID-19 vaccination status? A The short answer is a qualified yes. The Americans with Disabilities Act (ADA) prohibits you from asking...
On September 9, 2021, President Joe Biden unveiled a COVID-19 action plan requiring all employers with 100 or more employees to either mandate the coronavirus vaccine or confirm negative test results for unvaccinated...
Since the 1980s, Virginia has prohibited employment discrimination against disabled workers under the Virginians with Disabilities Act (VDA). Accordingly, it’s understandable many employers in the state may have...
Along with a new wave of post-COVID-19 litigation surfacing across the country, the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit against an employer for allegedly failing to accommodate and...
An Ohio federal court ruled a commercial truck driver wasn’t denied a reasonable accommodation when vision issues prevented him from driving a tractor trailer for several months. Facts Linmore Investments, Inc. (LMI) is...
In a recent decision, the U.S. Court of Appeals for the Second Circuit, whose decisions control in New York, held a fire marshal employed by the Fire Department of the City of New York (FDNY) properly alleged a violation...
The creator of the original screenplay for the horror movie “Friday the 13th” could terminate his copyright grant and reclaim it, the U.S. Second Circuit Court of Appeals (which covers New York) recently decided. The...
In 2018, New York lawmakers passed legislation prohibiting the mandatory arbitration of sexual harassment claims. They amended the law in 2019 to prohibit the mandatory arbitration of all other discrimination claims. The...
Employees are trying to find creative ways to avoid COVID-19 vaccinations and testing, for example, by alleging their privacy rights are being violated under the Genetic Information Nondiscrimination Act (GINA). Read on...
President Joe Biden's new COVID-19 action plan is using his regulatory powers to try to reduce the number of unvaccinated Americans, estimated to be more than 80 million people. The plan includes both "hard" mandates for...
Q An employee has missed work several times to attend doctor's appointments and has discussed certain health issues. At what point can we require a doctor's note to continue to work? It depends on the type of leave the...
On September 24, 2021, the White House’s Safer Federal Workforce Task Force released new guidance on COVID-19 workplace safety protocols for federal contractors and subcontractors. The guidance accords with President Joe...
The Biden administration, as well as employers, have repeatedly tried to increase the COVID-19 vaccination rates among employees and the U.S. population in general. Many employers initially avoided mandating the shots...