A very recent opinion from the federal court of appeals covering Texas expands the scope of hostile work environment claims. It provides several lessons to Texas employers. Nude video of employee circulates at work Yes...
Employment Law Letter
Both HR professionals as well as lawyers ask me what they should read to move their careers forward. My counsel: Harvard Business Review (HBR), which is chock-full of actionable advice on business, communication, and...
A recent lawsuit in San Antonio mixes all the elements of a potboiler novel: an executive lured to a competitor, trade secrets allegedly disclosed, lawsuits galore. The plot, however, is as old as time. Staffing wars...
Q When does leave to care for an adult child fall under the Family and Medical Leave Act (FMLA)? A Leave to care for an adult child falls under the FMLA when the individual has a serious health condition rendering him...
An employee’s refusal to provide her password to a work-related computer program was enough to overcome her national origin discrimination claim, according to a recent ruling from the U.S. 8th Circuit Court of Appeals...
By its nature, the Americans with Disabilities Act (ADA) contains features that appear in no other antidiscrimination law. While laws banning discrimination based on race, sex, age, and the like generally require equal...
The Illinois Biometric Information Privacy Act (BIPA) contains some of the most stringent requirements in the nation for protecting individuals’ personal identifiers such as fingerprints. Employers that use the...
Lusardi v. Xerox Corp. provides the widely used framework for the two-step conditional certification process under the Fair Labor Standards Act (FLSA). This process is now under review by the U.S. 6th Circuit Court of...
A recent decision from the Southern District of Ohio highlights the importance of conducting an individualized assessment before taking adverse action against an individual who takes opioids. Facts Raymond Hartmann...
Wisconsin is one of many states that limits the use of arrest and conviction records when hiring employees. The key exception to the use of a criminal conviction record is whether it substantially relates to the...
Securing the return of company property from departing employees isn’t a new issue for employers, but the increase in remote work since 2020 (sometimes involving long distances) may present additional challenges...
The New Jersey Supreme Court recently sided with those in favor of transparency and ruled certain information about an individual’s employment is considered to be a government record subject to disclosure and not...
Philadelphia Mayor Jim Kenney recently signed bill 220051-A expanding COVID-19 supplemental paid sick leave (SPSL) until December 31, 2023. The law requires covered employers to give eligible employees up to 40 hours of...
When last we addressed marijuana, it appeared Republicans and Democrats in the Virginia General Assembly might come together in a kumbaya moment and agree on a mechanism to regulate commercial pot sales. But divided...
In 2021, the Democratically controlled Virginia General Assembly passed the Virginia Overtime Wage Act, which expanded the state’s overtime requirements beyond those set forth in the federal Fair Labor Standards Act...