Voluntary Leave of Absence Does Not Qualify as an Adverse Employment Action

?Takeaway: To take advantage of the Faragher/Ellerth affirmative defense against sexual harassment, an employer must prove both that it acted reasonably to prevent and correct sexual harassment and that the employee unreasonably failed to act by not using... Read more »

Failure to Use Progressive Discipline Dooms Hospital’s Summary Judgment Motion

?Procedural deviations during a hospital employee’s suspension and disciplinary hearing, including the lack of progressive discipline required by a collective bargaining agreement, could support an inference of retaliatory motivation related to her... Read more »

Court Revives Temporary Worker’s Claim Against Contractor’s Client

?Takeaway: A company can potentially avoid being subject to federal employment laws by having contractors supply staff for events. However, the company should avoid dictating contractor staffing decisions or else the company... Read more »

Supreme Court Declines to Send Overtime Claim to Arbitration

?In a unanimous opinion, the U.S. Supreme Court on May 23 declined to send an overtime claim against a Taco Bell franchise owned by Sundance Inc. to arbitration when Sundance failed to... Read more »

Implementing Alternative Workweek Schedules in California

?Under California law, employees normally accrue daily overtime for hours worked over eight hours in a day. Alternative workweek schedules (AWS) permit workplaces to adopt different schedules longer than eight hours without... Read more »

Target Workers’ Effort to Unionize a Virginia Store Is Now Closed

?Target workers in Virginia filed on May 10 with the National Labor Relations Board (NLRB) to become the only unionized store within the company, but the status of that effort is now... Read more »

Illinois Equal Pay Act’s Certification Requirement Extended to More Employers

?Illinois Gov. J.B. Pritzker has signed into law an amendment to the Illinois Equal Pay Act (IEPA) requiring companies with 100 or more employees in Illinois to obtain an equal pay registration... Read more »

4 Reminders for Employers After a $900K Tip Pooling Mistake

?Employers in the restaurant and hospitality industries know it’s a common practice to ask workers to share gratuities. Tip pools can promote teamwork and a better customer experience—but they can also land... Read more »

South Carolina Anti-Vaccine Requirement Law Signed

?South Carolina Gov. Henry McMaster has signed into law House Bill 3126, which has implications for public and private employers that continue to require employees in South Carolina to be vaccinated against COVID-19.... Read more »

Mississippi Becomes the Last State to Enact an Equal Pay Law

?On April 20, Mississippi became the last state in the nation to enact an equal pay law, when Gov. Tate Reeves signed the Mississippi Equal Pay for Equal Work Act (“Mississippi Act” or... Read more »
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