Employers holding a problematic piece of evidence may be tempted to dispose of it, in the hopes that once it is gone, so too will any legal claims disappear. But such actions can result in much bigger problems for the employer, as the U.S. Court of Appeals for the Fifth […]

An employee who refused to be vaccinated against COVID-19 argued that his employer violated the Americans with Disabilities Act (ADA) by regarding him as having a disability. His claim, however, was rejected by the U.S. Court of Appeals for the Fifth Circuit. What the ADA Requires. The ADA prohibits discrimination […]

In our August 28, 2023 E-lert, we warned employers that the National Labor Relations Board’s decision in Cemex Construction Materials Pacific would be game-changing. One of the key points of that decision is that if the employer files a petition for election in response to a request for recognition but […]

In the past, the various federal workplace agencies – the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Department of Labor (and its various divisions, including the Occupational Safety and Health Administration, the Wage-Hour Division, and the Office of Federal Contract Compliance Programs) – did not communicate. […]

As most Maryland employers know, recreational marijuana was legalized as of July 1, 2023. The law does not contain any workplace provisions, and employers (and employees!) wondered what their rights were with regard to testing and disciplining employees for marijuana use. Well, according to recently-released guidance from the newly-created Maryland […]

Following the Supreme Court’s recent overhaul of the undue hardship standard for religious accommodations requests under Title VII, which we discussed in our June 29, 2023 E-Lert, the U.S. Court of Appeals for the Fifth Circuit recently found that an employer failed to meet the heightened standard and, in so […]