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Tag: Employment Law

Ask the Expert: Can Positive Drug Tests Be Cause for Termination?

Question: If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired? Answer: The short answer is yes. Employers in Wisconsin specifically are allowed to conduct random drug testing of their employees. If an […]
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9th Circuit Rules Private Texts Aren’t Protected Speech

One of the nightmares of HR professionals is to be told about a workplace problem “privately as a friend.” Whether something is an informal chat between friends or public notice of a problem is very hard to determine. That was essentially the question in deciding whether a Rancho Cordova sheriff was engaging in protected speech […]
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Case Study: New Hampshire Legislature Passes Law Allowing Firearms in Employees’ Vehicles

Although the debate between those wanting to protect the right to possess firearms and those who advocate for stricter gun control is often thought of as a federal issue, gun laws are often a function of state and local laws. We draw your attention to this important issue because the New Hampshire House and Senate […]
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Hospital Authorities Treat People But Are Not ‘People’ Themselves

In a recent decision, the California Supreme Court takes an in-depth look at legislative history to dissect whether a county hospital authority entity can be liable for meal and rest period violations under the labor code and whether they can be considered “persons” subject to California’s Private Attorneys General Act (PAGA) penalties. In short, they […]
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NLRB Under Pressure in Presidential Election Year

The current National Labor Relations Board (NLRB) under President Joe Biden has been heavily involved in moving forward the administration’s prolabor goals. But as the Biden administration draws to a close, the Board faces a series of challenges. Board Abandons Joint Employer Regulations The NLRB’s expansive joint employer rule, issued in October 2023, faces an […]
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Loper Bright Already Affecting Biden Regulations

With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was ambiguous. The decision is already affecting numerous federal regulations. 5th Circuit Considering Whether to Remand Trump OT Case The U.S. 5th Circuit Court […]
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Congress Responds to Supreme Court Rulings

The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings. No Kings Act In response to the High Court’s presidential immunity ruling, over 30 Democratic Senators joined Majority Leader Chuck Schumer (D-NY) and introduced a bill that would overturn […]
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Ask the Expert: How Often Can Nursing Employees Take Breaks Under the PUMP Act?

Question: How frequently can a nursing mother take breaks under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act? For example, although the law requires “reasonable break time,” what if an employee needs to pump every 30 minutes or every hour? Answer: It depends. The PUMP Act requires employers to provide covered employees “reasonable break […]
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What Employers Need to Know About Massachusetts’ New Pay Transparency Law

Massachusetts joined a growing list of states with pay transparency laws when Governor Maura Healy signed “An Act Relative to Salary Range Transparency” into law. The law, which will take effect in stages in 2025, requires many Massachusetts employers to disclose salary/pay ranges in all job postings and to file certain wage data/information with the […]
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Single Slur Requires Jury Trial on Hostile Work Environment Claim

On July 29, 2024, the California Supreme Court issued a unanimous opinion in Bailey v. San Francisco Dist. Attorney Office, Cal., No. S265223 and held that the employee’s claims of racial harassment should proceed to jury trial, as well as that the trial court’s decision to dismiss the case in favor of the employer was in […]
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Time to brush up on employment law basics for employers

As we find ourselves in the last quarter of 2024, we felt it was right to go back to the basics for those navigating the complex landscape of employment law. Understanding these laws helps to protect your business from legal disputes and fosters a positive environment for employees while ensuring compliance and a fair and […]
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Supervisor’s Instagram Triggers Hostile Work Environment Lawsuit

Once upon a time, the employee’s workplace was entirely separate from their private life. No more. The two now bleed together, resulting in legal trouble for employers. Male Manager Targets a Female Colleague Lindsay Okonowsky worked as the sole staff psychologist at a federal prison on the West Coast. Lieutenant Steven Hellman supervised the prison […]
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Ask the Expert: When Can Employers Withhold a Sign-On Bonus?

Question: We gave a $5,000 sign-on bonus to a new hire who has been a no-show for numerous days, and we haven’t been able to contact them. Can we withhold and/or deduct from this employee’s final paycheck to recoup some of the sign-on bonus? Answer: Most likely, no. Unless the employee signed an agreement giving you […]
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Case Study: Employer’s Caution Wins Lawsuit

One of the hardest things for employers is being accused of wrongdoing and, rather than reacting defensively, flipping it to their advantage. For an example of how to do so, let’s look to the University of Houston (UH) and how it handled a discrimination complaint from a disappointed professorship applicant. Professors Squabbling Kate Kingsbury applied […]
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Connecticut Expands Paid Sick Leave

Recently, Connecticut significantly expanded its paid sick leave law. Among other changes, the law will apply to more (and eventually all) Connecticut employers and will allow employees to use paid sick leave for illnesses suffered by a broader array of family members. Original Paid Sick Leave Law Connecticut originally passed a paid sick leave law […]
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Beginning the Interactive Process Is as Simple as Starting a Dialogue

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with a disability. When employees request an accommodation, employers are required to engage in an interactive dialogue with them to determine whether the requested accommodation is reasonable and aimed at assisting the employees in performing their position’s essential functions. Employers […]
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