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Courts have consistently found regular employee attendance can be an essential function for certain positions that employers don’t have to eliminate in the name of providing an accommodation under the Americans with Disabilities Act (Act). In other words, ignoring absences when regular attendance is an essential function wouldn’t be a reasonable accommodation. The U.S. 5th […]
When employees work on client jobsites or at remote locations, it may be tempting to pay them based on their scheduled hours instead of tracking their specific hours worked. But if they perform work before or after their scheduled shifts, which includes tasks such as loading and unloading tools, then they need to be paid […]
Hiring managers often look for the most economic or efficient way to bring new people on board. Sometimes this means hiring independent contractors, using recruiting firms, or hiring employees directly, and sometimes it means using a mix of these and other options. But what if a candidate specifically requests to be an independent contractor? Or, […]
Litigating employment cases can be expensive, time-consuming, and disruptive for employers. Fortunately, a litigation tactic known as an “offer of judgment” can lead to an early resolution of the case and reduce the costs. Obvious as Well as Hidden Costs Employment cases normally involve the filing of various motions, such as requests for discovery (pretrial […]
The spotlight is shining on thousands of workers at an Amazon fulfillment center in Alabama as they vote in a closely watched election where the stakes are high for both union and employer interests. More than 5,000 employees of the facility in Bessemer, a Birmingham suburb, are mailing in ballots in an election to decide […]
With more and more employees working remotely because of the COVID-19 outbreak, you may fairly be wondering whether electronic messages or postings on the company’s intranet system will satisfy government requirements to provide notice to employees about their rights. The U.S. Department of Labor (DOL) recently answered the question the way most lawyers do: It […]
The Tennessee Human Rights Act (THRA) prohibits covered employers from discriminating against employees 40 years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other factors often correlated with age (such as salary or years of service) are distinct from age and may not […]
The U.S. Department of Labor’s (DOL) announcement of plans to rescind final rules related to independent contractors and joint employers should put employers on notice that a less employer-friendly day is coming, attorneys who advise employers say. In announcing the effort on March 11, the DOL said the action is needed because the rules weaken […]
Early in 2019, social media feeds, from Instagram to Twitter and Facebook, were filled with “10-Year Challenge” posts. To participate, users posted side-by-side pictures from 2009 and 2019, respectively, with “#10yearchallenge.” Now that 2019 (and this decade) is drawing to a close, the #10yearchallenge is once again gaining traction with celebrities like Reese Witherspoon and […]
Since the introduction of biometric authentication technology, the number of employers using it to capture their employees’ biometric data has grown. Some employers require employees to clock in and out of work using their fingerprints. Others rely on facial recognition software and retina scans to accomplish the same. While the technology offers several advantages, you […]