Employers May Not Use Severance Agreements to Substitute for COBRA Compliance

A New Jersey federal district court has ruled in a case involving an employer’s alleged failure to notify a former employee of her COBRA rights or promptly process her request for continued health coverage. The case is Davis v. World Ins. Assocs., LLC, 2023 WL 2665727 (D.N.J. 2023). Davis filed an employment discrimination lawsuit against her […]

California Supreme Court Rules That So Long As They Are Aggrieved, PAGA Plaintiffs Can First Pursue Individual Claims In Arbitration And Then Can Pursue Non-Individual Claims In Court

Duane Morris Takeaways: On July 17, 2023, the California Supreme Court issued its long-awaited decision in Adolph v. Uber Technologies, Inc., No. S274671 (July 17, 2023), addressing standing requirements under the Private Attorneys General Act of 2004 (“PAGA”). The Supreme Court held that, once a PAGA plaintiff’s individual claims are compelled to arbitration, the plaintiff retains standing to […]

Hey CEOs – Be Careful with Those Diversity Initiatives!

A few years back, during the initial surge of corporate diversity, equity and inclusion initiatives in response to the killing of George Floyd and the #BlackLivesMatter movement, I wrote a blog post that applauded corporations for focusing on the issue – but also cautioned them to avoid inadvertently violating anti-discrimination laws in their eagerness. Well, following the […]

Why Are Some Employers Limiting Pre-Employment Marijuana Testing?

Now could be good time for employers to review their drug testing policies. Most states have legalized medical use of marijuana. Federal legalization or reclassification of marijuana from its status as a Schedule I controlled substance is on the horizon. And more states are legalizing marijuana for recreational use or enacting workplace protections for its […]

Upcoming Changes to State Laws

With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, […]

States Continue Trend of Banning Employee Non-Competes

Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that non-competition agreements violate the National Labor Relations Act “[e]xcept in limited circumstances,” on May 24, 2023, Minnesota’s Governor signed into law Bill SF 3035 banning employee non-compete provisions. Becoming […]

A Poor Performance Review Does Not Create a Hostile Work Environment

In a common-sense ruling, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of an employee’s hostile work environment (HWE) harassment claim that was based, in part, on a poor performance review. Under Title VII, HWE harassment consists of multiple acts over a period of time that are so severe or pervasive […]

You Can’t Fire Me For A Facebook Post! I Have A Right To Free Speech! (US)

Ohio Court of Appeals Disagrees, Confirming That Employees Cannot Succeed on Free Speech Violation Claims Against Private Employers (US) Rita Hall worked for Kosei St. Marys Corporation (“KSM”) as a line supervisor. In June 2020, Ms. Hall posted an offense image on her public Facebook page comparing a group of monkeys to a group of […]

Four Things You May Not Know About … the Family and Medical Leave Act

The FMLA applies, with limited exception, to employers with 50 or more employees during 20 or more calendar weeks in the current or preceding year. It in turn provides eligible employees with up to 12 weeks (or, in limited instances involving care of a military servicemember, 26 weeks) of unpaid, job-protected leave for reasons including […]

What to Do With a Fired Employee’s Things?

Throwing them out is not the correct answer, according to the U.S. Court of Appeals for the Fourth Circuit. In Robinson v. Priority Automotive Huntersville, Inc., two employees resigned from their jobs and sued their employer. In addition to claiming a racially hostile work environment (which was dismissed by the Fourth Circuit for failing to meet […]

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