?Within five days of receiving all required information, a California employer needs to determine whether a leave is covered by the Family and Medical Leave Act (FMLA), the California Family Rights Act... Read more »
?The pandemic has taught employers that flexibility is key to survival—and thanks to a new law just signed into effect on May 11, Florida employers will not have to worry that any... Read more »
?On May 17, the California Division of Occupational Safety and Health (Cal/OSHA) released a revised discussion draft of a proposed regulation for workplace violence prevention in the general industry standards. If adopted, the regulation... Read more »
?The Illinois Department of Labor (IDOL) has, at long last, issued proposed rules implementing its equal pay registration certificate (EPRC) requirements. As a reminder, Illinois is setting deadlines for covered employers to apply for certification... Read more »
?Under both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), an employee is required to provide at least 30 days’ notice of the need for leave... Read more »
?Employers covered under the 8th U.S. Circuit Court of Appeals are not necessarily required under federal law to provide job applicants with criminal convictions a chance to explain a negative background check... Read more »
?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 »
?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 »
?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 »
?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 »