Employment Law Letter

California Supreme Court says no rounding of a square meal

A unanimous California Supreme Court used this clock-rounding case to deliver its broadest meal break opinion since Brinker, nearly a decade ago. This is the latest in the uniform supreme court authority recognizing...

Mar 07, 2021 · Employment Law Letter · California

NY state court opens door to precertified use of medical marijuana

The Compassionate Care Act (CCA), part of the Public Health Law (PHL), gives protected disability status to individuals who are found to benefit from medical marijuana. The protected status was thought to turn on the...

Feb 28, 2021 · Employment Law Letter · New York

Court expands arbitration of race discrimination claims

The U.S. Supreme Court and other courts have found an employee’s discrimination claim must be arbitrated depending on the wording of a collective bargaining agreement (CBA), employment agreement, company handbook, or...

Feb 28, 2021 · Employment Law Letter · New York

Q - A: Yes, you can limit cell phone usage at work

Q Our company wants to implement a policy to limit personal cell phone usage only to break times. Can we ask workers to put their phones in their work lockers or on their supervisors' desks? Yes, you can limit cell phone...

Feb 28, 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

Having multiple persons in termination decision overcomes bias claim

Every employer is faced with having to terminate employees involuntarily and thereby exposing themselves to discrimination claims. There are steps you can take, however, to improve the likelihood the claims will be...

Events distant in time can't support retaliation claim, 8th Circuit rules

Many employers have faced the problem of an employee filing a charge with the Equal Employment Opportunity Commission (EEOC) or complaining about discrimination and then having to deal with the individual alleging a...

What Biden's first executive actions mean for employers

Shortly after taking office, President Joe Biden wasted no time and implemented sweeping changes undoing several Trump administration actions. Among the first salvo of Executive Orders (EOs) were several actions...

DOL expands ability to use telemedicine visits for FMLA purposes

The COVID-19 pandemic continues to change the legal landscape, this time with the U.S. Department of Labor (DOL) extending its earlier position that, under certain circumstances, a telemedicine consultation will...

Can I fire employee who attempts to overthrow the government? Yes, you can

While most employees were settling into the first full workweek of 2021, some traveled to Washington, D.C., on Wednesday, January 6, to attend a "Save America Rally." As everyone knows, the ensuing showdown at the U.S...

Telework poses potential risk for businesses with foreign workers

With more people working remotely than ever before, U.S. employers need to consider foreign workers’ visa status or risk fines. In response to the COVID-19 pandemic, many businesses have allowed employees to work from...

New law allows employers to make temporary changes to FSAs

On December 27, 2020, President Donald Trump signed the Economic Aid to Hard Hit Small Businesses, Nonprofits and Venues Act into law. It makes temporary changes to rules governing health and dependent care flexible...

4 common problems in employment manuals

Every HR professional struggles, sweats, and possibly rips their hair out (if they have any) over what to put into an employment manual and how best to minimize litigation for their company in the future. Worrying...

Q - A: What to do when payday lands on a holiday

Q If a pay date lands on a holiday, when do we need to pay our employees—before the holiday or on the next business day after it? Although it doesn't happen often, there are certain times during a calendar year when...

Top 3 employee mobility, restrictive covenant issues to watch for in 2021

As the COVID-19 cloud starts to lift (thanks to several vaccines), we expect employers will slowly begin to reopen their offices, employees will travel more, and the job market may revert back to the low unemployment...

New CO guidance concerning paid sick leave and job posting requirements

It's a brave new world for Colorado employers. The state now requires paid sick leave for employees, and it established unique requirements for job postings and promotional opportunities. In December, the Colorado...

Arkansas Stephen W. Jones of Jack Nelson Jones, PLLC, and Audra Hamilton and Nathan Read of Mitchell Williams
Kansas Boyd A. Byers, Teresa L. Shulda, and Tara Eberline of Foulston Siefkin LLP
Missouri Robert A. Kaiser, Jeremy Brenner, and Ida S. Shafaie of Armstrong Teasdale LLP
Oklahoma Charles S. Plumb, Courtney Bru, Paul Ross, Philip Bruce, and Jacob Crawford of McAfee & Taft

Delaware Lauren Russell of Young Conaway Stargatt & Taylor, LLP
Maryland Steven E. Bers and David M. Stevens of Whiteford, Taylor & Preston, L.L.P.
New Jersey John C. Petrella and Dina M. Mastellone of Genova Burns LLC
Pennsylvania Dena Calo, Lisa Koblin, Carolyn Pellegrini, and Zachary Kimmel of Saul Ewing Arnstein & Lehr LLP
Virginia Jonathan Mook and Bernard J. DiMuro of DiMuroGinsberg PC

Illinois Steven L. Brenneman and Kelly Smith-Haley of Fox, Swibel, Levin & Carroll, LLP
Indiana Brian R. Garrison of Faegre Drinker
Michigan Gary S. Fealk and John T. Below of Bodman PLC
Ohio Fred G. Pressley, Jr., Jourdan D. Day, and John M. Stephen of Porter Wright Morris & Arthur LLP
Wisconsin Saul Glazer, Troy D. Thompson, Michael J. Westcott, Leslie A. Sammon, and Heath Straka of Axley Brynelson LLP

Kentucky Richard S. Cleary, John T. Lovett, Robert D. Hudson, and Kathleen Biggs Wright of Frost Brown Todd LLC
North Carolina Richard L. Rainey of Womble Bond Dickinson (US) LLP
South Carolina Richard J. Morgan, James K. Gilliam, Jonathan C. Eggert, and Chandler E. Aragona of Burr & Forman LLP
Tennessee Kara E. Shea and David Johnson of Butler Snow LLP
West Virginia Larry J. Rector and Allison B. Williams of Steptoe & Johnson PLLC

Alabama Albert L. Vreeland and David J. Middlebrooks of Lehr Middlebrooks Vreeland & Thompson, P.C.
Florida G. Thomas Harper of The Law and Mediation Offices of G. Thomas Harper, LLC, Lisa Berg and Andrew Rodman of Stearns Weaver Miller, and Robert J. Sniffen and Jeff Slanker of Sniffen & Spellman, P.A.
Georgia Raanon Gal of Barnes & Thornburg LLP, Glianny Fagundo of Thompson Hine LLP and Chris Butler of the Chris Butler Firm
Louisiana H. Mark Adams and Jennifer Kogos of Jones Walker LLP
Mississippi Martin J. Regimbal of The Kullman Firm

Employment Law Letter

Oklahoma Editors

Midwest Editors

Mid-Atlantic Editors

Delaware Editors

Maryland Editors

New Jersey Editors

Pennsylvania Editors

Virginia Editors

Great Lakes Editors

Illinois Editors

Indiana Editors

Michigan Editors

Ohio Editors

Wisconsin Editors

Midsouth Editors

Kentucky Editors

North Carolina Editors

South Carolina Editors

Tennessee Editors

West Virginia Editors

Arkansas Editors

Kansas Editors

Missouri Editors

Southeast Editors

Alabama Editors

Florida Editors

Georgia Editors

Louisiana Editors

Mississippi Editors

Upper Midwest Editors

Iowa Editors

Minnesota Editors

North Dakota Editors

Nebraska Editors

South Dakota Editors

New England Editors

Connecticut Editors

Massachusetts Editors

Maine Editors

New Hampshire Editors

Rhode Island Editors

Vermont Editors

Mountain West Editors

Colorado Editors

Idaho Editors

Montana Editors

New Mexico Editors

Utah Editors

Wyoming Editors

West Editors

Alaska Editors

Arizona Editors

Hawaii Editors

Nevada Editors

Oregon Editors

Washington Editors

California Editors

New York Editors

Texas Editors