A 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 In...
Employment Law Letter
The 6th Circuit recently issued an opinion involving a former bank teller claiming age discrimination against her former employer. Because she failed to show the bank's stated reason for firing her—insubordination—was...
Wisconsin prohibits discrimination in employment decisions based on criminal convictions. One defense to such claims is that the circumstances of the crime the applicant or employee was convicted of are "substantially...
The Ohio Supreme Court recently resolved a split of opinion among the state's appellate courts by ruling an employer can be sued for damages for an employee's misconduct under negligent hiring, retention, or supervision...
On day one of his administration—and within hours of being sworn in—President Joe Biden made significant changes at the National Labor Relations Board (NLRB). After Peter Robb, the Board's Trump-appointed general counsel...
Although the COVID-19 pandemic has changed many things about how companies operate, most employers still have formal disciplinary policies establishing ground rules for employee conduct and setting out consequences for...
The Equal Employment Opportunity Commission (EEOC) recently announced the upcoming opening of four EEO data collections. The agency collects workplace data from public and private employers meeting certain thresholds...
During periods of severe winter weather, some businesses may opt to close for safety, convenience, or one of a myriad other reasons. Others, such as healthcare providers, provide critical services and often have no...
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? A Yes, you can limit cell...
When the 2021 Virginia General Assembly reconvenes, the session will inevitably be colored by the ongoing COVID-19 pandemic. For starters, the House of Delegates plans to gavel in its regular session virtually, with the...
Virginia Attorney General (AG) Mark Herring has launched a new Office of Civil Rights to help protect residents from discrimination. The move is seen as a response to the cultural awakening the nation experienced in 2020...
Just before Christmas, outgoing President Donald Trump’s controversial Executive Order (EO) banning federal contractors and subcontractors from offering “workplace training that inculcates in its employees any form of...
One of our firm’s clients is a large employer under the Patient Protection and Affordable Care Act (ACA), with an employee working 26 hours per week during the day plus two nights per week on-call while at home. It...
The Tennessee Human Rights Act (THRA) prohibits covered employers from discriminating against employees 40 years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder...
Employers in Tennessee will be interested to know that the Occupational Safety and Health Administration (OSHA) is pursuing a new avenue to identify potential employer violations related to COVID-19 employee deaths at...