December’s joint employer decision by the NLRB which overturned an earlier case expanding joint employer liability was vacated today after an opinion … Read more
‘Possibly’ Getting Ebola Is Not An ADA Disability
Back in May 2017, I wrote about an Americans with Disabilities Act lawsuit that the U.S. Equal Employment Opportunity Commission filed against an employer. … Read more
What You Need to Do to Prevent Sexual Harassment In the #MeToo Era
In December, TIME Magazine’s “Person of the Year” was “The Silence Breakers.” These were the “women (who) have had it with bosses and coworkers who not … Read more
Avoid EEOC Trouble By Smart Hiring, Sound Procedures and Soft Skills
The Equal Employment Opportunity Commission (EEOC) resolved 99,109 employment discrimination claims in fiscal year 2017, resulting in $398 million in … Read more
Utah Court Holds Employers Liable Even When Workers Hide Mistakes
Despite well-settled case law in Utah regarding Respondeat Superior and the theory that an employer cannot be held liable for the actions of an employee if … Read more
Is a Leave Ever a Reasonable Accommodation Under the ADA?
Dear Littler: One of our key employees was injured in a serious car accident. She qualified for, and took, a full 12 weeks of leave under the Family and … Read more
Before You Settle a FLSA Claim Out of Court, Read This
It is widely understood that the vast majority of lawsuits settle before trial. From a company’s perspective, early resolution ensures certainty and limits … Read more
Does Your Insurance Cover You Against Sexual Harassment Claims?
The last few months have brought seemingly unending news detailing allegations of sexual impropriety against politicians, celebrities, the news media, and … Read more
Lawmakers Taking Aim At NDAs In Sexual Harassment Cases
In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual … Read more
DOL Announces New Test For Paying Interns
Last week the U.S. Department of Labor announced it was changing its test for whether a company needs to pay its interns. Before we get to the new test, … Read more