Employment Law Letter

You don't have to cross state lines to be involved in interstate commerce

The Federal Arbitration Act (FAA) states that most arbitration agreements are as valid and enforceable as any other contracts. One exemption relates to "seamen, railroad employees, [and] and other classes of workers...

Sep 06, 2020 · 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

Red Bull can't compel employee to arbitrate age, sexual harassment claims

In this case, a midlevel sales manager filed an age discrimination and sexual harassment lawsuit, and the employer sought to compel arbitration based on the arbitration agreement he signed when he was hired. The sales...

Sep 06, 2020 · Employment Law Letter · California

Rare as a unicorn: a PAGA case favorable for employers

A California truck driver recently filed a claim against his employer under the state's Private Attorneys General Act (PAGA) containing the usual allegations: meal and rest period violations, failure to provide accurate...

Sep 06, 2020 · Employment Law Letter · California

If you have nothing nice to say, don't say anything at all

Social media can often connect employees in a meaningful way, particularly on employer-run social media pages. However, it's equally important to ensure employees are conducting themselves properly and following sound...

Sep 06, 2020 · Employment Law Letter · California

Q - A: Determining whether work is 'suitable' can be subjective

Q Can a person receiving unemployment benefits refuse to accept a job offer if it's 25 miles from her home? A person receiving unemployment benefits can refuse a job offer if the job being offered isn't considered...

Aug 31, 2020 · 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

Kansas COVID-19 immunity law raises questions for employers

With the economy largely reopened but COVID-19 cases continuing to increase, some businesses are concerned about lawsuits from customers and guests who may be exposed to—and subsequently become ill from—the coronavirus...

You don’t have to be a minister to be a minister: Lessons for religious employers

The First Amendment protects private religious schools from employment discrimination claims filed by teachers whose duties include religious education, the U.S. Supreme Court recently decided. The opinion combined two...

8th Circuit rejects officer's failure-to-promote sex discrimination claim

Because of a female candidate's poor interview performance, the Wright County (Minnesota) Sheriff's Department wasn't liable for promoting a less experienced male candidate, the U.S. 8th Circuit Court of Appeals (which...

Balancing 'work from home' and family

It's safe to say our nation is in uncharted territory when contemplating how to establish a work-life balance while homeschooling and caring for children, keeping up with the demands of "work from home," and facing an...

What businesses should know about OSHA's supplemental reopening guidance

The Occupational Safety and Health Administration (OSHA) recently issued guidance on returning to work for businesses deemed nonessential. The guidance is intended to supplement the agency's previously issued guidance on...

Sympathy needed for greeting card maker potentially liable for nonemployee's conduct

Regular readers of the newsletter are aware employers must ensure inappropriate conduct by a customer or vendor isn't creating a hostile work environment (see "Costco learns customer may not always be right" in the March...

10 frequently asked questions about remote working during COVID-19 (and beyond?)

Many state and local orders continue to require certain employees to work remotely or telecommute during the COVID-19 outbreak. And even when employees begin to return to the workplace, you may face an uptick in requests...

Fired employee can't overcome 'above-board reasons' for termination

On July 6, employers received a favorable decision from the 6th Circuit involving a retaliation claim filed by someone who had complained about discriminatory conduct. Facts Karen Kenney sued Aspen Technologies, Inc...

Gene mutation can be a disability under ADA

In the first time any federal appeals court had heard a case on the issue, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan and Ohio employers) recently overruled a district court and held that...

Q - A: FMLA leave for a childs birth doesnt have to start immediately

Q Does a new father have to start Family and Medical Leave Act (FMLA) leave the day his child is born, or can he wait three months until after the mother returns to work and then take his leave? The FMLA permits the new...

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