Describing the measure as an effort to spur economic growth, the Maine Legislature in 2019 enacted a law limiting the use of noncompetes and prohibiting "no-poaching" agreements between employers. A recent federal case...
Employment Law Letter
In response to President Joe Biden's directive, the Occupational Safety and Health Administration (OSHA) recently issued guidance for employers on mitigating and preventing the spread of COVID-19 in the workplace. The...
The presidential election may be over, but nationwide civil unrest has spilled into 2021, which is already shaping up to be a year filled with contentious political debate. Here are some tips for employers to help tamp...
n addition to the antidiscrimination laws, Massachusetts recognizes a public policy exception to at-will employment. In a recent case, an at-will employee who was terminated after submitting a lengthy rebuttal to his...
Q One of our nursing home employees who was exposed to a COVID-19-positive resident just returned to work from a 14- day quarantine after testing negative. Do we have to record it in the Occupational Safety and Health...
Q Our company has a paid time off (PTO) policy entitling employees to paid vacation and sick leave. When they request time off, can they choose to use unpaid leave instead if they still have a PTO balance? A Subject to...
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...
In 2014, in the case of Iskanian v. CLS Transportation, the California Supreme Court first held that claims under California's Private Attorneys General Act (PAGA) aren't waivable or arbitrable. Since then, employers...
If a terminated employee signs a contract releasing all claims against you, she can't sue you, right? Wrong. A new Missouri Court of Appeals decision illustrates the effect a mutual mistake by the parties can have on the...
Freedom of speech—most Americans seem to agree it's the most fundamental right guaranteed under the Bill of Rights, and many are quick to cite their First Amendment protections whenever faced with unpleasant consequences...
The COVID-19 pandemic is continuing but isn't the only challenge employers face. Here are 10 goals you would do well to consider in the months ahead to mitigate against the risk of an employment lawsuit or agency...
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...
When Section 448.095 of the Florida Statutes took effect on January 1, 2021, much of the attention was focused on the requirement for public employers, contractors, and subcontractors to enroll in and use the federal...
A real estate company's decision to fire a frequently tardy executive assistant for refusing to sign a performance memorandum, amid her bosses' negative comments about her need for medical leave, could be evidence of...
In an unprecedented move, President Joe Biden terminated National Labor Relations Board (NLRB) General Counsel (GC) Peter Robb on inauguration day, January 20. He also fired Robb’s deputy, Alice B. Stock. Here’s a look...