A recent opinion by the U.S. District Court for the Eastern District of Louisiana in New Orleans ruled that a jury was needed to decide a case after an employer terminated a disabled employee for failing a drug test because of her lawful CBD oil use. The ruling, which applies to employers in Louisiana, highlights […]
As the new calendar year begins, many organizations are wisely asking, “What can we do to protect our business assets from an employment law perspective?” This is a great question, and the beginning of the year is the perfect time to take stock of existing policies and their effectiveness, review recent changes to applicable laws, […]
While the unemployment rate continues to remain low, given the current potential for a recession or sustained economic downturn, more employers are firing employees. Some employers are also seeing more discrimination claims following terminations.
You would think drafting an arbitration agreement should be simple enough. After all, arbitrating employment discrimination claims was court-approved several decades ago. But issues still persist, as we see in this very recent case from the El Paso Court of Appeals.
As an HR professional, one of your many duties may include conducting a thorough investigation into various issues that arise in the workplace. Whether the issue involves a claim of harassment, a claim of discrimination or a claim workplace misconduct, it is critical that you take steps to conduct a thorough investigation by interviewing all […]
In pursuit of customer satisfaction, employers may be inclined to take a hands-off approach when customers or other third parties exhibit discriminatory conduct towards their employees. This can be a costly mistake.
During July 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance. The new standards set forth important updates and clarifications regarding COVID-19 testing, vaccine mandates, and disability and religious accommodations in the workplace. Employers should familiarize themselves with the new guidance and, if necessary, update their existing COVID-19 policies.
One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could be an FMLA issue given that the structure is “so easy to understand.” That’s typically […]
As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers, whether they are caring for children, a spouse, an individual with a disability, or older relatives. Practically, issues arise when […]
In a politically charged era where activism is considered noble, HR managers are confronting new challenges in the workplace in an attempt to find balance between the expression of disparate views while maintaining a productive and cohesive workforce.