Employment Law Letter

On April 1, 2024, the Office of Federal Contract Compliance Programs (OFCCP) began accepting online submissions from covered contractors and subcontractors to certify the current updated status of their affirmative...

The number of employer requests for union elections has exploded since the National Labor Relations Board (NLRB) adopted a new framework for representation last summer. In the six months following the NLRB’s release of...

During the pandemic, both employers and employees discovered that remote work could benefit them. Allowing remote work has expanded employers’ pool of applicants nationwide. Despite the advantages of a bigger pool of...

Q: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended a few weeks of time off until specific medical restrictions can...

The Fair Credit Reporting Act (FCRA) was enacted to promote accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies (CRA). Employment background checks are a form of...

Although we have written before about California’s SLAPP and anti-SLAPP statutes and lawsuits, the factual permutations in the field seem almost endless. We now learn that evolution of the legal doctrines appears to be...

How long does a valid arbitration agreement last? Will it govern an employee after a four-month break in employment? The California Court of Appeal again teaches us the importance of complete documentation. Poor...

The U.S. 9th Circuit Court of Appeals (whose rulings cover all California employers) had to deal with three novel and complex wage and hour questions and asked the California Supreme Court to provide the answers. Must...

The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety...

On February 16, 2024, the New Jersey Appellate Division dismissed without a trial a former tenured professor’s complaint against a university that was filed because he disagreed with the findings of his discharge hearing...

Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023...

I like to tell you about areas of deep interest to the Equal Employment Opportunity Commission (EEOC), regardless of where the case pops up. Here’s an update from New York that still has much to teach Texas employers...

Remote work has been all the rage in recent years. Initially, employees were working from home because offices were closed by government mandate. While working from home, employees were usually working in the same town...

In 1977, Hollywood actor John Travolta’s breakout role was Tony in the movie Saturday Night Fever, set in an Italian, blue-collar Brooklyn neighborhood. Tony’s life centered on going to the disco every Saturday night. An...

A U.S. 11th Circuit Court of Appeals (whose rulings cover Alabama, Florida, and Georgia employers) recently upheld the firing of a law enforcement officer who intentionally shot himself while intoxicated on duty. The...