Employment Law Letter

5th Circuit to public employees: Qualified immunity isn’t free pass

You might have heard of “qualified immunity,” which is a controversial defense afforded to public employees alleged to have violated a person’s constitutional rights. The U.S. 5th Circuit Court of Appeals (whose rulings...

Aug 31, 2022 · Employment Law Letter · Texas

Sleepwalking employee unable to rouse 5th Circuit

On July 18, 2022, the U.S. 5th Circuit Court of Appeals, whose rulings apply to all Texas employers, reasoned that an employee whose sleepwalking condition—known medically as “somnambulism” and afflicts 4,000,000...

Aug 31, 2022 · Employment Law Letter · Texas

Terminating coverage for employee out on disability who hasn’t paid premium

Q An employee has been permanently disabled since 2012 and has been allowed by union contract to remain on the group insurance, provided the employee pays their share of the premium. The employee has become delinquent...

Aug 31, 2022 · 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

Tips for small, private companies conducting layoffs

Q We’re a privately owned company with fewer than 100 employees. Do we have to follow the Worker Adjustment and Retraining Notification (WARN) Act regulations in the event we decide to conduct a temporary layoff in the...

Aug 31, 2022 · Employment Law Letter · Texas

Software, algorithms, and AI: new EEOC guidance for employers

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s...

EEOC updates guidance on COVID testing in the workplace

Since early in the pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has maintained Technical Assistance Questions and Answers on its website to assist employers with navigating the intersection of COVID...

Discipline notes critical in FMLA claims

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they...

The Real Housewives teaches lessons on defusing drama at work

I used to really enjoy watching The Real Housewives on Bravo. The franchise gave a glimpse into the glittering lives of women in Beverly Hills, Atlanta, and other major cities across America (and Dubai). Unfortunately...

Colorado’s new noncompete law: Four steps to enhance compliance

Colorado’s revised noncompete statute takes effect on August 10, 2022. It imposes strict new requirements for noncompete and customer non-solicit agreements. Here are four steps employers can take to ensure compliance...

Employers may be liable for workplace injuries aggravated by employee conduct

On May 18, 2022, the Idaho Supreme Court clarified the scope of an employer’s liability for workplace injuries under the Idaho Workers’ Compensation Act (WCA). Specifically, the court adopted a new standard for...

Factors to consider if you’re a small employer conducting layoffs

Q We’re a privately owned company with fewer than 100 employees. Do we have to follow the Worker Adjustment and Retraining Notification (WARN) Act regulations if we decide to conduct a temporary layoff in the near future...

Determining independent contractors: Sometimes the government loses

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of...

Very bad year for Wyoming noncompetes (and what you can do to improve yours)

The Wyoming Supreme Court decided four cases in the last 12 months against the enforcement of employees’ agreements not to compete with their former employer. Although each case was unique, the tenor and direction of...

When pregnant employee doesn’t qualify for FMLA leave

Q A pregnant employee has applied for Family and Medical Leave Act (FMLA) leave but has only been employed with our company for about five months, so she doesn’t meet the one-year, 1,250-hours-worked criteria. Are we...

No favorable treatment of ‘similarly situated’ individuals dooms gender discrimination claim

Title VII of the Civil Rights Act of 1964 forbids discrimination based on certain protected categories (e.g., gender) in any aspect of employment. Discrimination can present itself in the form of “hostile work...

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