In a case where a company argued that an employee’s Family and Medical Leave Act claim failed because the statute required him to use the company’s “usual and customary notice and procedural requirements for requesting leave” and he used Facebook ...
Read More »Plaintiff can’t show COVID disability was reason for firing
Where an employee alleged that he was fired because his exposure to COVID-19 led his employer to regard him as having a disability, but his complaint did not show he was regarded as disabled, he has failed to state a ...
Read More »Evidence of pretextual firing saves ADA claim
An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the ...
Read More »Data security is next frontier as more employers embrace remote work
Two and a half years out from the wide-spread arrival of the COVID-19 pandemic in the United States, working from home has become much more of a choice for workers and jobseekers, rather than an emergency measure. According to the ...
Read More »Federal appeals court nixes effort to recover union fees
The 8th U.S. Circuit Court of Appeals recently ruled that state employees who were not members of unions were not entitled to a return of “fair share” fees collected before a landmark 2018 U.S. Supreme Court ruling. In its 2018 ...
Read More »Employee benefits and the end of ‘Roe v. Wade’
Earlier this summer the U.S. Supreme Court issued its expected ruling in Dobbs v. Jackson Women’s Health Organization, which overruled long-standing precedent and allowed individual states to regulate access to abortion services. At least twenty-six states immediately banned abortion or ...
Read More »Court remands employee-or-contractor case
A federal appellate court has reversed an award of summary judgment to U.S. Labor Secretary Martin Walsh in a fair labor suit brought against a Minnesota company. The court determined that the competing narratives of “employment relationship” and “independent contractor ...
Read More »What if a layoff becomes necessary? Practical steps for reductions in force
As communities continue to be shocked at the gas pump, soaring inflation and whispers of “recession,” there has been an increase in layoffs in certain industries — particularly technology, retail and food. RIFs, if done correctly, can help companies ease ...
Read More »Risk management: A priority for all businesses
Regardless of the size of your organization, or the industry in which you do business, good and accepted practice requires that there be someone responsible for risk management, and that you have internal risk management controls, i.e., a risk management ...
Read More »With remote work here to stay, company policies should be created
Full-time remote work in the U.S. is up more than 40 percent and continuing to grow. It is predicted that 25 percent of all professional jobs in North America will be remote by the end of the year, and this ...
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