Your former employee sues you, but your employee-plaintiff filed for bankruptcy. You diligently research the bankruptcy filings and discover the employee did not disclose the lawsuit against you in those filings, which are sworn to under oath. You might have a winner to get out of the case, right? Well, it is not quite that simple, according to a recent ruling in Georgia. The potential argument that the plaintiff’s claims may be precluded or…

Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal battle for many years. Most recently, it has been a key issue for those in the growing gig economy. In an effort to clarify the federal standards and provide what many see as a more employer-friendly approach…

In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle. EEOC Issues Opioid Accommodation Guidance While employers have (rightfully) spent recent months navigating the COVID-19 pandemic, another epidemic has quietly continued. Opioid use in the United States has long been considered a public health crisis – and data shows that the stress and uncertainty of the…

Since the beginning of the COVID-19 crisis, we have been talking about things to do to keep your employees safe and what laws apply in that arena. Recently, OSHA started handing out fines to companies for employee outbreaks across the country, from New Jersey to Colorado to Louisiana to South Dakota. The recent COVID-19 citations rely on the Occupational Safety and Health Act’s general duty clause: Each employer shall furnish to each of his…

It’s September, which for most means the beginning of fall and the start of a new school year. This school year not only looks different than those in the past, but it has also added to the stress and uncertainty facing families as parents attempt to balance work and family in this COVID-19 world. School also looks different depending on where you live – schools are starting the year with either traditional in-person learning, remote-only…

Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer taking an adverse employment action against the reporting employee. We all know that Title VII prohibits retaliation against an employee who engaged in protected activity (e.g., reporting discrimination), so the employee can sue for the alleged retaliatory decision. But what if the person…