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Dealing with leave issues is a familiar situation to human resources and employment law professionals – but there can be happy endings for employers, even when there is a sympathetic story involved, in addition to legal rights under Family and Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA). Recently, a federal appeals court sided with an employer, the City of Oak Park Heights, Minnesota, by concluding it was not discriminatory or improper…
Breaking news – sometimes agency guidance, or even enforcement positions, change! A recent example comes from the National Labor Relations Board (NLRB) with its June 6, 2018, memorandum regarding “Guidance on Handbook Rules Post-Boeing.” While the lack of consistency can be frustrating for employers, there is good news this time: Common sense seems to have triumphed – at least for now. (For a review of some of the prior NLRB guidance, see our…
The proliferation of paid sick leave (PSL) laws at state and local levels, with differing and sometimes conflicting provisions, presents compliance challenges for multistate employers.  Last week’s article presented a number of items often addressed in a PSL statute or ordinance.  This week, we offer some general policy considerations to assist employers who are confronted with compliance obligations in multiple jurisdictions.…
As we have previously reported, the trend of states and jurisdictions enacting paid sick leave (PSL) requirements continues, posing compliance challenges for multistate employers and employers with employees in a both a city and a state with different PSL requirements.…
It does not require insightful analysis to conclude that something is broken when it comes to reporting and addressing sexual misconduct in the workplace. One attempt to fix part of the “brokenness” comes from the Pennsylvania legislature – a bill that would place limits on confidentiality restrictions. (New Jersey is considering something similar and other states, such as California, are assessing possible revisions to reporting and investigative processes).…
In the shifting landscape of employment law, a recent case illustrates the need to apply context and consider all the circumstances – even when it looks like a general rule applies. In this particular case, involving race and national origin discrimination, the District of Columbia Circuit Court of Appeals changed its mind – reversing its own decision and reversing summary judgment for the United States Department of Housing and Urban Development, which was the employer…
The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as clear as some of the headlines make it seem. For instance, some reports proclaimed that the court ruled sexual orientation is NOT a protected characteristic under federal law (Title VII).  While that is technically correct, it could also…
Your company probably makes written offers of employment. After all, it makes good sense — it confirms basics about the job, such as the position being offered and pay rate.  For the applicant, it makes clear the terms of the offer and any conditions, such as passing background screening. But, an offer letter may also be useful for another reason — meeting state or local legal obligations for communicating information.…
In case you missed the trend, several recent actions by the Obama administration have been aimed at enhancing employee rights. This pattern continued last week, when the White House issued a “Call to Action” and a report on Non-Compete Reform: A Policymaker’s Guide to State Policies, expressing concern about overuse of non-compete agreements. Unlike recent reforms that the administration has accomplished through Executive Orders (such as mandating paid sick leave for government contractors), there…
The upcoming change to salary requirements to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA) has garnered a lot of attention. However, even with a strong emphasis on the changes to the salary requirement, employers should not lose focus on the duties portion of the test. The white collar exemptions (executive, administrative, and professional) generally have two components – payment on a qualifying salary basis and satisfaction of a duties-test…