Is an employer liable for employee misconduct at “after-hours” gatherings? When a trial court adopted a narrow view of what constituted “the workplace,” an appeals court weighed in using a “totality of the circumstances” test.
Tag: Employment law
A temporary worker asserted claims for racial discrimination, harassment, retaliation, and battery. He settled his claims against the temp agency but tried to pursue them against the company that ran the facility. A federal judge in Southern Illinois told him to pack up and go home.
The New Jersey Appellate Division recently vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee Protection Act (CEPA) claims against his former employer’s predecessor. In so doing, the appellate court found the trial court must first determine whether the arbitration agreement was binding on […]
In what is being called a signal to foes of the Affordable Care Act (ACA), the U.S. Supreme Court’s latest ruling on the health care law preserves the status quo for employers. In a 7-2 decision, the Court found the states challenging the ACA’s legality in California v. Texas did not have standing to bring […]
A day after U.S. Citizenship and Immigration Services (USCIS) completed the H-1B cap-subject lottery selection process in late March, the winners were eligible to start filing. But what if your employee wasn’t selected? Fortunately, numerous other options are available so your business can continue to employ valuable foreign national workers. Optional Practical Training Foreign national […]
An entrepreneur hiring his or her first employee is an event that comes with a mix of excitement, pride, and anxiety. Whether a company has 1 or 10,000 employees, and whether or not it has a formal HR team, there are some foundational HR issues that impact any organization. Employment Laws and Regulations Many employment […]
Updated technical assistance from the Equal Employment Opportunity Commission (EEOC) clarifies how employers can require or encourage employees to take a COVID-19 vaccine, but attorneys advising employers point out how the document also contains cautions. The EEOC updated its technical assistance on May 28 to address questions about how federal equal employment opportunity (EEO) laws may be […]
An employee had to recertify his qualifying condition because of an established pattern of potential Family and Medical Leave Act (FMLA) misuse, but he failed to cooperate with the recertification process and didn’t provide the requested information. If he seeks FMLA protection for future absences, should we deny the request, or are we required to […]
A recent decision by the U.S. District Court for the Southern District of Ohio illustrates the relatively low bar an employee must clear to proceed with a regarded-as-disabled claim. Facts Douglas McGonegle worked for Sleep Number, a mattress and sleep accessory store, as an at-will employee (that is, he could be fired at any time […]
Ambiguous and confusing communications by an employer and benefits administrator to an employee about her Family and Medical Leave Act (FMLA) and short-term disability (STD) leave requests created issues of fact for a trial to decide, a federal district court in Columbus recently ruled. Facts Abby Knaup worked for Molina Healthcare of Ohio from April […]