Employers Have Discretion to Determine Essential Job Functions and What Accommodations are Reasonable

The U.S. Court of Appeals for the Fourth Circuit recently issued a decision that is remarkable for its focus on the need to balance the prerogative of employers to make decisions about the workplace in the context of accommodating employees with disabilities under the Americans with Disabilities Act. Facts of the Case: In Elledge v. […]

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U.S. Supreme Court Holds Employment Discrimination Claims of Religious School Teachers Are Barred by the First Amendment

On July 8, 2020, the United States Supreme Court in a 7-2 decision held that the “ministerial exemption” which prohibits courts from considering employment disputes of certain employees of religiously affiliated organizations, applied to two Catholic school lay teachers. Therefore, their claims of discrimination under the Age Discrimination in Employment Act and the Americans with […]

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TOP TIP: Leave Donation Programs – Complying with IRS Requirements

The current COVID-19 crisis has had a significant impact on many employees who have had to take leave for COVID-19-related reasons. While the Families First Coronavirus Response Act provides paid leave to certain employees, and some states and local jurisdictions have implemented specific COVID-19 paid leave requirements, in addition to existing employer paid leave programs, […]

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U.S. House of Representatives Amends the “Families First Coronavirus Response Act”

On Sunday, March 15, 2020, we provided a comprehensive summary of the paid leave and other employment-related provisions of the Families First Coronavirus Response Act, passed overwhelmingly by the U.S. House of Representatives on March 13. This bill makes sweeping changes to an employer’s legal obligations: (1) imposing a paid sick and safe leave (“PSL”) […]

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TOP TIP: Avoiding Jury Trials Through Written Agreements

eliAs our lead story in this E-Update explained, by federal law, arbitration is given a favorable status.   It is a means to avoid having to defend legal challenges to employment decisions in jury trials (which favor individuals over companies, by-and-large).  Our Top Tip this month explains some essential elements of enforceable arbitration agreements (and offers, […]

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Divided D.C. Circuit Upholds NLRB’s Obama-Era Joint Employer Standard (While the NLRB’s Notice of Proposed Rulemaking to Revise the Standard Remains Pending)

On December 28, 2018, the U.S. Court of Appeals for the D.C. Circuit, in a divided decision, upheld the NLRB’s joint employer standard in Browning-Ferris Indus. of California, Inc. v. National Labor Relations Board.  Although the court majority concluded that the Board had authority to adopt the new standard, it denied enforcement of the Board’s […]

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