Earlier this month, the U.S. Department of Labor issued an opinion letter concluding that, under certain circumstances, an employee may use leave under the Family and Medical Leave Act (FMLA) to treat a serious health condition when treatment is provided as part of a clinical trial. Let’s explore why. Actually, before…
Sorry, 50 Cent, not that club. On Monday, New Jersey Governor Phil Murphy signed legislation (Senate Bill 2310) requiring certain businesses to disclose wage or salary information and description of benefits in job postings. Here are five things employers need to know about this new law: It covers private businesses…
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. I’ve assembled an all-star panel of employment lawyers to explore them, including my partners Amy Epstein Gluck and Dessi Day and two…
Wikipedia says that déjà vu is the phenomenon of feeling as though one has lived through the present situation before. Last Friday, a Texas federal judge vacated a U.S. Department of Labor 2024 Rule that raised the minimum salary level to be exempt from the Fair Labor Standards Act overtime…
Within the past week, the National Labor Relations Board has reversed over 100 years of combined precedent with two decisions that will make it easier for unions to organize American workplaces. Employer Statements About Unionization’s Impact on Employer-Employee Relationship On November 8, the Board decided that it would start evaluating…
Employers don’t have crystal balls. Last week, the Third Circuit Court of Appeals reaffirmed the well-settled rule that when one coworker accuses another of creating a hostile work environment, that claim will fail ten times out of ten unless the employer knew or should have known about the harassment but…
As a thank you to the many readers who provided me with stellar Dallas-area BBQ recommendations, like the one featured above from Hutchins BBQ in McKinney, I’m sharing a tool that the U.S. Department of Labor recently announced to provide workers with disabilities and employers ideas for workplace accommodations. The…
vxla from Chicago, US, CC BY 2.0, via Wikimedia Commons I fear I have developed a reputation on this blog as a Dallas hater. This is not true. Not really. I have nothing against the city generally. Objectively, however, the professional football team associated with it is putrid. The Dallas…
After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Typically, when administrations change, so does the makeup of the federal administrative…
I’ll go ahead and file this one under “duh.” If an employer inquires about an employee’s medical condition, the Americans with Disabilities Act mandates that it be job-related or consistent with business necessity. Even then, an employer must treat any medical information obtained from a disability-related inquiry or medical examination,…