Over the past two years, the NLRB has been aggressively pursuing employers in relation to their social media policies and the discharge of employees who utilized social media to criticize their employers about wages, hours and terms and conditions of employment.
Two California employment attorneys are bringing a pregnancy discrimination suit against a lawyer who also happens to be the daughter of a California Supreme Court justice.
A federal judge in the Middle District of Pennsylvania has approved a $20.9 million settlement in a wage-and-hour class and collective action against Rite Aid Corp.
It is essential that franchisors know, or at least can predict to some extent, in what circumstances they may be held vicariously liable for the acts of their franchisees and their franchisees' employees. This article explains why and how.
In an interesting published decision, the Fourth Circuit has held that an offer of less favorable severance benefits to a female may constitute sex discrimination in violation of Title VII.
In a recent decision, the Seventh Circuit held that the ADA obligates employers to reassign employees with disabilities to vacant positions for which they are qualified, provided that such accommodation is reasonable on its face and would not present an undue hardship to the employer.
Three federal cases indicating growing acceptance of obesity as a condition covered by the ADA, combined with obesity rates among the nation's workforce at an all-time high, portend additional claims from plaintiffs demanding accommodations for their conditions ' and more suits against employers that fail to provide them.
The time has come for the minority of circuits to join the majority, and explicitly hold that non-indefinite unpaid leave is a reasonable accommodation under the ADAAA. As discussed in more detail below, cases prosecuted by women with difficult pregnancies would be particularly compelling impact cases to push the remaining circuits to explicitly accept non-indefinite leave as a reasonable accommodation.
At the risk of a declining workload in the future, here are nine practical suggestions for employers who want to decrease the risk of employment litigation.
Employers often are faced with tricky legal dilemmas when employees ask to display religious symbols and take time off for religious observance. The most common religious request by retail employees is time off for a religious holiday, followed by requests to be excused from a dress code. Recent developments in both legislation and case law suggest that employers should only deny a religious accommodation when it would cause a quantifiable undue burden.
