The U.S. Equal Employment Opportunity Commission recently sued an employer who told an employee to leave on her first day of work shortly after she requested reasonable accommodations for her visual impairments and later fired her the same day after the employee’s advocate offered to pay for accommodations.
Federal circuit courts are split over whether former employees may sue their employers under the ADA for discrimination in the provisions of post-employment benefits. Two say they can; four say they can’t. Yesterday, the Supreme Court agreed to resolve the matter. Continue reading
The Federal Trade Commission isn’t the only government agency gunning for your company’s noncompetes.
Earlier this month, a National Labor Relations Board Administrative Law Judge ruled that a non-union employer violated the National Labor Relations Act by utilizing unlawful noncompete and nonsolicitation provisions in employment agreements. Continue reading
The hostess at an Asian-American restaurant in Chicago, Illinois, was employed in that role for about two years.
Two years the restaurant probably wishes it could have back. Continue reading
On Monday, the Supreme Court agreed to review and establish the burden of proof that employers must satisfy to demonstrate the applicability of an overtime exemption under the Fair Labor Standards Act. Continue reading
On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission’s final rule to implement the Pregnant Workers Fairness Act (PWFA) — specifically the part that deals with “elective abortions.”
Yesterday, another federal judge in Louisiana enjoined the EEOC from requiring employers in Louisiana and Mississippi to accommodate elective abortions, i.e., an abortion prompted exclusively by the woman’s choice, where no physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions exists. Continue reading
On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission‘s final rule to implement the Pregnant Workers Fairness Act (PWFA) — specifically the part that deals with “elective abortions.” Continue reading
I disappeared down a few Google rabbit holes in my attempt to find the right coffee pun to introduce yesterday’s Supreme Court decision in which eight out of nine justices agreed to recalibrate the test for when the National Labor Relations Board seeks an injunction in federal court to curtail what it believes is an employer’s (here, Starbucks) unfair treatment of employees.
I know it was a tall order. Continue reading
This week, U.S. Senator Patty Murray (D-WA) and U.S. Representatives Robert C. “Bobby” Scott (D-VA-03) and Jerrold Nadler (D-NY-12) reintroduced the Restoring Justice for Workers Act, which Ms. Murray describes as legislation to end forced arbitration clauses and protect workers’ ability to pursue work-related claims in court. Continue reading
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