Legal
Fourth Circuit Reaffirms That Regular, Reliable Attendance Is Essential Function Of Most Jobs
The Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District of West Virginia, and…
Read MoreThe Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules
On March 6, 2019, the U.S. Court of Appeals for the Second Circuit, whose territory comprises the states of Connecticut, New York, and Vermont, and appellate jurisdiction over the district courts in the District of Connecticut, Eastern District of New York, Northern District of New York, Southern District of New York, Western District of New York, and the District of Vermont, decided…
Read MoreCourt Orders Plaintiff in FMLA Lawsuit to Produce Private Social Media Content in Discovery
In many employment cases, the parties engage in a battle over content in the plaintiff’s private social media accounts. The recent decision from the U.S. District Court in Eastern District of Michigan in Robinson v. MGM Grand Detroit, LLC, Case No. 17-CV-13128 (E.D. MIch. 1/17/2019) illustrates well how an employer can demonstrate its right to…
Read MoreThe DOs and DON’Ts of Written Warnings: What Employers Need to Know
Employers frequently use written warnings as part of their formal progressive discipline policies. How and when to use these warnings can sometimes be tricky. Below are answers to some frequently asked questions on written warnings and crafting compliant discipline policies. Q. What elements should an employer include in a written warning, and how detailed should…
Read MoreTips For Planning Holiday Parties
Holiday parties are a great way to show appreciation to employees for dedication and hard work. But they can also expose employers to liability for harm caused by employees who become intoxicated during the festivities. For example, parties can be fertile ground for unwanted sexual overtures that result in harassment complaints. Additionally, they can lead…
Read MoreIt Is Not Too Late to Consider Updating Your Employee Handbook for 2019
Employee handbooks are an often neglected and under appreciated company document. Preparing, maintaining, and updating a handbook that reflects the policies of your company and your operations takes time and expertise. A well-written employee handbook can be an effective document to ensure compliance with applicable laws as they evolve and as new laws go into…
Read MoreEEOC Is Committed to Ending Workplace Harassment
Curbing workplace sexual harassment is an ongoing priority for the Equal Employment Opportunity Commission (EEOC), according to agency leaders. The EEOC received more sexual-harassment charges in fiscal year 2018 than 2017 and filed more sexual-harassment lawsuits on behalf of aggrieved workers. The agency has put a huge emphasis on anti-harassment efforts and is focusing on…
Read MoreOFCCP’s Agenda for 2019: More Audits and Increased Transparency
As contractors start to see new scheduling letters arrive from OFCCP’s latest round of advance notification letters, OFCCP has new opportunities to demonstrate its commitment to transparency, through implementation of the Agency’s recently released Directive 2018-08: Transparency in OFCCP Compliance Activities. The Agency’s stated philosophy is that transparency should “guide OFCCP staff during every stage of the compliance evaluation, from beginning to…
Read MoreEmployers Can Be Liable for Distracted Driving???
Technology has made it easier for employees to work and drive It’s easy to imagine: A manager takes a business call while driving to work, a driver browses social media while delivering packages, or a salesperson who’s stuck in traffic sends a text to a client. So what happens when distracted drivers cause accidents while…
Read MoreNew FMLA Forms Available from Department of Labor
Executive Summary: The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. The new forms are valid until August 31, 2021, and are available for download from the DOL Website. Notably, the DOL did not make any material changes to the prior forms;…
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