MA Legislature announces changes to MA Paid Family Medical Leave Program, requiring employers to allow employees to use paid leave to supplement weekly benefits
10/24/23
By: Katherine Chenail and Jennifer L. Markowski
The Massachusetts Legislature recently amended the Massachusetts Paid Family and Medical Leave Program, M.G.L. c. 175M, affecting employees’ ability to utilize paid leave, including sick time, vacation, …
California Supreme Court ruling expands the scope of potential defendants under FEHA
10/23/23
By: Tyler J. Jacobs and Daniel Parker Jett
The California Supreme Court recently issued a ruling in Raines v. U.S. Healthworks Medical Group, 15 Cal.5th 268, 312 Cal.Rptr.3d 301 (Aug. 21, 2023), which resulted …
A sign of things to come: Fifth Circuit expands scope of employment practices protected by Title VII
8/24/23
By: Robert Chadwick
On Friday, August 18, 2023, an en banc panel of the U.S. Court of Appeals for the Fifth Circuit reversed nearly three decades of precedent as to the reach of Title VII of the …
Don’t lose your right to arbitrate – separate provisions can permeate
8/9/23
By: Lynn Hollenbeck
Employers, beware. The Arbitration Agreement you have your employees sign may be rock solid, but an unconscionable provision in another onboarding document can permeate and vitiate it. In a case decided in April 2023 …
Georgia Court of Appeals Rules Employee Non-Solicitation Provision Must Have Geographical Limitation
7/6/23
By: Bradley T. Adler and Zachary W. Jarvis
While the future enforceability of non-compete provisions (and some other post-employment restrictive covenants) may be uncertain due to the recent efforts of the Federal Trade Commission, …
Sexually Explicit and Violent Music Blared Throughout the Workplace May Constitute a Hostile Work Environment Based on Sex
6/29/23
By: Christopher J. Fleissner and Daniel Parker Jett
The Ninth Circuit recently ruled that an employer’s conduct can discriminate based on sex even if that conduct equally offends both men and women, and even …
Running a background check? – Don’t run from these disclosures
6/28/23
By: Mandy D. Hexom and Thomas Livingston
Background checks are standard procedure for many employers as part of the employee application or onboarding process. It seems obvious that the applicant or employee knows they …
Georgia Laws Regarding Employee Time Off and Leave Get An Update
5/25/23
By: Joyce Mocek
Georgia Laws Regarding Employee Time Off and Leave Get An Update
Effective July 1, 2023, Georgia employees will now be able to take up to 2 hours of unpaid time off to vote in-person …
For the Record: Best Practices for Maintaining Personnel Records and Employee Files
5/24/23
By: Janet Barringer and Ryan Giggi
Our increasingly digitized world has changed the way employers manage and keep records. Personnel files are very frequently at the center of employment litigation, as a well-kept personnel …
Disaster Preparedness for Employers: Fifth Circuit Affirms the Importance of Proactive Practices in Responding to Discrimination and Harassment Complaints
3/20/23
By: Tia Combs and Allison Spears
In Hudson v. Lincare, Inc., the Fifth Circuit provided employers with a roadmap for the proper response to claims of co-worker harassment. As discussed below, the case exemplifies …
Scathing Text Message to Employee After Maternity Leave Leads Ohio Law Firm to Part Ways with Partner
2/1/23
By Steve Forbes and Ashley Hetzel
A partner at a prominent employment law firm in Ohio fired off a scathing text message that created some reputational ripples within the legal community. A female associate, who had recently returned from maternity …