Blog

Are Rumor Based Beliefs a Defense to Discrimination Claims?
August 23, 2022
Does an employer violate discrimination laws when it acts on information that it honestly believes about an employee that disqualifies him from the job? An appellate court recently provided the answer.
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Musings on a California Wage (Reimbursement) Suit
August 15, 2022
California Labor Code Section 2802 makes employers liable for expenses “in direct consequence of the discharge of his or her duties…” Covered reimbursement-required expenses can include travel, personal phone use, and furnishing a home office (if it’s required).
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USCIS Extends Compliance Flexibilities Implemented During COVID-19 Pandemic
August 14, 2022
Over the last few years, the United States Citizenship and Immigration Services (“USCIS”) has relaxed various compliance requirements recognizing they had become impracticable during the COVID-19 pandemic.
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Extraordinary Workplace Misconduct: The Case of the Somnambulant Sales Rep
August 11, 2022
Should an employee who, while at a convention, knocks on a coworker’s hotel room door, enters, then heads to the coworker’s bed wearing nothing but a robe be fired, even if the employee claims to have been sleepwalking at the time?
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Employers, You Don’t Always Have to Call Your Attorney First… Take a Look at the US DOL’s elaws Advisors
July 31, 2022
The U.S. Department of Labor has provided many free resources for employers to educate and comply with their obligations under a multitude of workplace laws.
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Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace
July 12, 2022
It’s not surprising that some employers are concerned when employees take prescription medications that come with certain warnings – particularly when those employees are working with heavy machinery or sharp objects, or getting behind the wheel of a vehicle.
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Is Virtual I-9 Verification Here to Stay?
July 11, 2022
In this blog, we discuss document verification that takes place other than in-person.
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Political Speech Can Contribute to Hostile Work Environment
July 10, 2022
Political expression is not often a factor in workplace discrimination or hostile work environment claims. However, in a recent opinion, the Massachusetts Superior Court determined that, in certain circumstances, political expression can contribute to unlawful discrimination in violation of Massachusetts law.
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Reasonable Accommodations Don’t Just Start at the Office Door…
July 5, 2022
When considering a request for reasonable accommodation under the Americans with Disabilities Act, many employers focus on what will enable an employee to perform the essential functions of their job. But the reasonable accommodation obligation is actually broader than that.
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Employee Benefit Plans in a Post-Roe World: Avoiding Criminal Liability and Other Considerations
June 29, 2022
Employers with a wider regional or national footprint may find themselves faced with questions from employees regarding access to abortion services. In the following, we discuss several options for employee benefit plans and the risks associated with each plan of action.
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Extraordinary Workplace Misconduct: Perhaps Firewalking Is Not the Best Team-building Activity…
June 26, 2022
As reported recently in the New York Times, more than two dozen employees were injured last week during a team-building activity in which they walked over hot coals in their bare feet (?!!!)
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Inflation, State Minimum Wages, And Employers' Sisyphian Rock
June 20, 2022
Earlier this month, the U.S. Department of Labor’s Bureau of Labor Statistics reported that, in May 2022, the rate of inflation reached 8.6 percent – the highest rate in over 40 years. Though unwelcome, the report was hardly surprising. Businesses and consumers alike have seen the cost of almost everything rising since 2021.
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