Not so long ago, employers emphasized the importance of four-year college degrees for a wide variety of positions, even if they couldn’t articulate exactly why such a credential was necessary. But now, a labor shortage...
Employment Law Letter
Over the last several months, the U.S. Department of Labor (DOL) has signaled a friendlier stance toward considering environmental, social, and governance (ESG) factors as they relate to employee benefits. Just how far...
In a politically charged era where activism is considered noble, HR managers are confronting new challenges in the workplace in an attempt to find balance between the expression of disparate views while maintaining a...
The U.S. District Court for the Eastern District of Louisiana in New Orleans recently allowed claims against an employer for failure to accommodate an employee’s disability and retaliation in violation of the Americans...
The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and...
After a high school teacher engaged in sex with a minor student on campus, the victim sued the principal and superintendent for negligent hiring and supervision. Read on to learn why the student’s lawsuit failed. Facts...
A California Court of Appeal recently ruled that an employee can’t file a new lawsuit under the Private Attorneys General Act of 2004 (PAGA) if the suit arises from the same facts and theories as another pending PAGA...
Many employers conduct a consumer credit report as part of the application process. Consequently, they owe the applicants several duties under the Fair Credit Reporting Act (FCRA), including the requirement of a...
We have previously noted the COVID-19 pandemic will create novel legal questions for employers, most of which are yet to be answered. Although workers’ compensation is generally the exclusive remedy for workplace...
For the last half-century, California courts have struggled with the question of when, if ever, a public employer can change retirement benefit plans for current employees. For many years, urban legend held that under...
After years of dithering, the U.S. 5th Circuit Court of Appeals (which covers Texas) recently decided a single racial slur (one in particular) standing alone can create an unlawful hostile work environment entitling the...
Q An employee whose work hours are based on nine-hour days (45 hours per week) is on parental leave. Would their Family and Medical Leave Act (FMLA) leave end when they reach 480 hours or 12 weeks (which would be 540...
The New York City Human Rights Commission (NYCHRC) recently released guidance about the city’s new law requiring “salary transparency” in job advertisements for employees, interns, domestic workers, and some independent...
New York tabloids recently reported on the plight of a New York City (NYC) employee who was promptly terminated after protesting Mayor Eric Adam’s COVID-19 masking policies that affected her son and other tykes. Can she...
Q When does leave to care for an adult child fall under the Family and Medical Leave Act (FMLA)? A Generally speaking, an employee may not take FMLA leave to care for a child who is 18 years of age or older, but there is...