The U.S. 5th Circuit Court of Appeals (which covers Texas) recently issued a published decision, a rarity since most opinions are unpublished and therefore can’t be cited to courts as precedent. It was also a per curiam opinion, i.e., a three-judge panel decided the appeal but no particular judge took credit for writing it.
When an employee is injured on the job, the federal Family and Medical Leave Act (FMLA) or the state-specific leave statutes may confer benefits in addition to what a state’s worker’s compensation provides. Employers subject to the FMLA should consider how the law interacts with their state’s worker’s comp law when FMLA-eligible employees need time […]
I was so proud of myself at the beginning of the pandemic for not giving into the hype and watching Netflix’s Tiger King. In the face of countless memes, tweets, and discussions, I remained undaunted in the face of the social pressure to engage the show. When Netflix released Squid Game in September of […]
An employee who claims she was discriminatorily deprived of a promotion must file the claim within a limited period after the discriminatory conduct occurred. Some courts say the claim arises when the employer decides not to provide the promotion. Other courts say it’s when the employer actually fills the job. Which is correct? Neither, said […]
The Michigan Court of Appeals recently upheld an Unemployment Insurance Agency (UIA) decision categorically disqualifying employees who are “no call, no shows” for three consecutive days from receiving jobless benefits under the Michigan Employment Security Act’s (MESA) voluntary-leaving provision.
Virtual interviews have been used for years but became much more prevalent during the pandemic. They can be done either as a recording, whereby the employer sends questions to the candidate, who records himself or herself answering the questions, or as a live interview via video technology, in which videoconferencing technology is used so the […]
While the job market continues to fluctuate, there’s one trend that’s picking up speed: employee turnover. A March 2021 survey from Morning Consult and Prudential found that 26% of respondents plan to look for a new employer once “the threat of the pandemic has decreased.” As the United States inches closer to herd immunity, employers […]
Background checks have become a fairly standard component of the hiring process. Most employers perform some form of background screening, though it varies in terms of how in-depth it is and what is covered. This can not only help the employer with decision-making but also ensure the employer uncovers potential issues.
Employers of tipped workers need to start exploring how their pay and timekeeping policies may need to change once a new rule from the U.S. Department of Labor (DOL) is finalized.
The Colorado Supreme Court has cleared up a longstanding unresolved question about when employers need to pay out accrued but unused vacation time. The June 14 decision also appears to invalidate use-it-or-lose-it vacation policies in the state.