?The Americans with Disabilities Act (ADA) permits fitness-for-duty examinations of employees only if they are job-related and consistent with business necessity. Objective evidence is needed to make this showing. Here is an... Read more »
?With the increasing popularity of schedule flexibility, some employers are choosing an option that strikes a balance between the regular five-day workweek and the four-day workweek: granting workers every other Friday off.... Read more »
?Takeaway: When a construction site owner and the construction project’s general contractor retained control over the site and a foreman who worked for a subcontractor was injured, the foreman could proceed with... Read more »
?A federal jury awarded a former Tesla worker $3.2 million for racial harassment—well below the $137 million a different jury awarded in 2021. A judge agreed then that Tesla was liable but... Read more »
Takeaway: Employers that had not signed an arbitration agreement between an employee and a related company could not enforce the agreement. Even though the companies all shared office space and officers, they... Read more »
?Takeaway: A timely, thorough investigation of an honest suspicion of leave abuse can help defend a company from liability under the Family and Medical Leave Act. ?The 7th U.S. Circuit Court of... Read more »
?Takeaway: In recent years, many courts have found that the single use of a racial epithet at work can create a racially hostile work environment. Yet, the 5th Circuit rejected a racial... Read more »
?The U.S. Equal Employment Opportunity Commission (EEOC) recently sued an employer that allegedly unlawfully denied remote work to someone at a heightened risk of severe complications if she had contracted COVID-19. The... Read more »
?A recent announcement from the U.S. Department of Labor (DOL) highlights the agency’s growing interest in curbing illegal provisions in mandatory arbitration agreements. “Because mandatory arbitration is on the rise, there are... Read more »
?Delivery drivers recently filed a class-action lawsuit against Weee!, a large online grocer based in Fremont, Calif., for numerous types of alleged wage and hour violations. The allegations, filed on March 23,... Read more »
