Topics

ADA

Tenth Circuit: No Adverse Action Necessary to Prove a Violation of the ADA’s Accommodation RequirementsUpdated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to WorkPandemic Leads to Accommodation Claims under Federal and State Laws

ADEA

Federal Court: Sweeping Accusations Alone Do Not Meet The Standard For Age Discrimination and Retaliation“No Backsies?” -- Not Rehiring a Recently Retired Employee Can Lead to LiabilityOlder Employee Let Go in Reduction in Force Can Proceed to Trial on ADEA Claim

Case Law update

COVID-19 Employment Litigation UpdateTenth Circuit: No Adverse Action Necessary to Prove a Violation of the ADA’s Accommodation RequirementsCalifornia 2020 Mid-Year Legal Update This Wednesday July 29

Compliance Tip

USDOL Office of Inspector General Reports Rise in OSHA Whistleblower Claims During COVID-19 PandemicCalifornia 2020 Mid-Year Legal Update This Wednesday July 29Federal Court: Sweeping Accusations Alone Do Not Meet The Standard For Age Discrimination and Retaliation

COVID-19

COVID-19 Employment Litigation UpdateMichigan Executive Order Clarifies COVID-19 StandardUpdated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work

Damages

Missouri Legislature Passes Bill Increasing Standard for Plaintiffs to Receive Punitive DamagesEight Figure Jury Award in California Highlights Risks of Retaliation ClaimsGarden Variety Emotional Distress Damages in Employment Matters to Bloom in New Jersey

discrimination

Refusal To Re-take Physical Abilities Test Dooms Plaintiff’s Ability To Allege Adverse Employment ActionEmployee’s Electronic Acknowledgement of Arbitration Agreement SufficientIllinois Expands State Human Rights Act to Include Employers with One or More Employees

Drug and Alcohol Testing

2019 EPLI Trends Report PublishedWill Employers Have to Accommodate Employees Who Test Positive for Marijuana?Bus Mechanic Who Uses Adderall for ADHD Can Proceed with Disability Discrimination Claims

EEOC

EEOC Reports Record Recovery and Decrease in Pending ChargesComing Soon for 2021: EEOC to Update Its Compliance Manual Regarding Religious DiscriminationUpdated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work

Employee Definition

When Are Law Firm Partners Not Partners?

Enforcement Update

Recently Enacted New Jersey Law Calls Non-Disclosure Agreements Into QuestionClass Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor LawTwo States Go Against the Grain By Prohibiting Salary History Bans

Equal Pay

New York State Broadens Its Pay Equity Law2019 EPLI Trends Report PublishedEnsuring Enforceability of Separation and Release Agreements

FEHA

Working At Home May Be A Reasonable Accommodation

FLSA

2019 EPLI Trends Report Published2018 New Year's Resolutions for Lowering Risks of Employment LitigationWhen Are Law Firm Partners Not Partners?

FMLA

Second Circuit: Application of Neutral Policy Does Not Interfere with FMLA Rights2019 EPLI Trends Report PublishedEmployer’s Misleading Statements Allow FMLA Claim to Survive Motion to Dismiss

GINA

Be Prepared: Changes to Workplace Wellness Programs Coming in 2019Top 5 Tips for Conducting Pre-Employment Medical ExamsEmployment Application That Included a “Health History” Form Violated the ADA and GINA

Hostile Work Environment

Federal Court Dismisses Discrimination and Retaliation Claims But Not Hostile Work EnvironmentSevere and Pervasive: Pay Attention to Your State’s Sexual Harassment StandardFired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University

human rights

Illinois Expands State Human Rights Act to Include Employers with One or More Employees

Illinois

Illinois Expands State Human Rights Act to Include Employers with One or More Employees

NLRB

NLRB ALJ Reinforces Protection for Concerted Activity in Camp Counselor’s Termination2019 EPLI Trends Report PublishedReminder To Employers: Even The “New” NLRB Will Not Bail You Out If You Terminate An Employee (Union or Non-Union) Who Discusses Or Complains About Terms And Conditions Of Employment

Paid Leave

The U.S. DOL Today Released Its Final Rule Requiring Paid Sick Leave for Contractors

Regulatory Update

EEOC Reports Record Recovery and Decrease in Pending ChargesComing Soon for 2021: EEOC to Update Its Compliance Manual Regarding Religious DiscriminationMichigan Executive Order Clarifies COVID-19 Standard

Sexual Misconduct

Severe and Pervasive: Pay Attention to Your State’s Sexual Harassment StandardFired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University

Telecommuting

Inclement Weather May Require Employers To Warm To Reasonable AccommodationsTelecommuting May Not Be A Reasonable Accommodation

Title VII

Coming Soon for 2021: EEOC to Update Its Compliance Manual Regarding Religious DiscriminationSupreme Court Rules Title VII Protects LGTBQ+ Employees From Employment DiscriminationFederal Court Dismisses Discrimination and Retaliation Claims But Not Hostile Work Environment

Uncategorized

Assistant Nursing Director Claims COVID-19 Retaliation Against Nursing Home EmployerA Quick Overview of New Jersey’s New WARN ActOhio Court Reverses Enforcement of Employment Arbitration Agreement

University

Fired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University

Workplace Harassment

Severe and Pervasive: Pay Attention to Your State’s Sexual Harassment StandardIllinois Expands State Human Rights Act to Include Employers with One or More EmployeesFired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University