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Employment Law

Who is and isn’t eligible for emergency leave?

04/02/2020
Central to the Families First Coronavirus Response Act, which took effect April 1, are provisions granting emergency paid sick leave and paid family leave to certain employees who have been affected by the pandemic. However, there is lots of confusion about who may take that leave and how much they will be paid.

Protect your intellectual property while employees telework

03/31/2020
Millions of new teleworkers have begun firing up their laptops each morning and logging into their employers’ intranets, trying to do work while under orders to stay home. As you and your co-workers scramble to adjust and keep working, don’t forget about protecting your company’s intellectual property.

DOL issues employer guidance on leave provisions of FFCRA

03/31/2020
The U.S. Department of Labor’s Wage and Hour Division has issued a new round of guidance telling employers how to comply with the paid sick leave and expanded family and medical leave benefits written into the Families First Coronavirus Response Act that went into effect April 1.

Coronavirus & HIPAA: What can you divulge?

03/31/2020
Your employees are understandably nervous about health risks at work these days. For those who must be physically present at your workplace, any news of a sick co-worker will spur concern. You must be prepared to answer employees’ questions without violating privacy laws.

National Guard call-ups trigger USERRA obligations

03/24/2020
Once National Guard or Reserve units are activated, employers have specific responsibilities under USERRA—the Uniformed Services Employment and Reemployment Rights Act.

NLRB suspends union elections

03/24/2020
Due to the COVID-19 pandemic, The National Labor Relations Board on March 19 temporarily suspended all representation elections, including mail ballot elections, at least until April 3.

Back to basics: FLSA issues during the coronavirus crisis

03/23/2020
Your responsibilities under the Fair Labor Standards Act haven’t been canceled during the COVID-19 crisis. If you’ve sent employees home to work and some of those employees are nonexempt, you have a problem—tracking their work hours under the Fair Labor Standards Act. Here’s what you need to know about the FLSA.

Passed probation despite disability? She is qualified

03/19/2020
Sometimes, new hires don’t reveal they have a disability until after they have successfully completed a probationary period. By definition, that means they are qualified for the job.

ADA prohibits bias for disability association

03/19/2020
The ADA doesn’t require employers to provide time off or other accommodations so healthy employees can care for a disabled family member. However, courts have consistently ruled that employers can’t discriminate against an employee because of her association with a disabled person.

Get ready for more failure-to-promote suits

03/19/2020
The coming months look like they will bring hard economic times, which probably means we will see an increase in employee lawsuits. One unique risk to watch out for: failure-to-promote litigation.