March 2022 E-Update

The National Labor Relations Act protects the rights of employees, whether unionized or not, to engage in “concerted” (i.e. group) activity for their mutual aid or protection. It does not protect an employee’s actions on their own behalf. But, as a recent case makes clear, employers should be aware that […]

As we discussed in our January 2021 E-Update, the District of Columbia passed arguably one of the most sweeping non-compete bans in the country. In order to consider some amendments to address serious concerns from the business community, however, the effective date of this law was previously delayed until April […]

The U.S. Department of Labor and its Office of Federal Contract Compliance Programs was busy in March 2022 with various announcements of interest to federal contractors, including the following: A proposed modification to a final rule that sets forth procedures to identify and remedy discrimination in federal contracting. The effect […]

Back in June 2021, OSHA issued a COVID-19 Emergency Temporary Standard for healthcare employers that was then withdrawn in December (as we discussed in our December 2021 E-Update), with its six-month duration acting as a comment period for a possible final rule. In the aftermath of its unsuccessful attempt to […]

This was the lesson from a recent case, in which the U.S. Court of Appeals for the First Circuit found that the employer’s mistaken assumption resulted in a wrongful termination. In Forsythe v. Wayfair, Inc., the employee complained of sexual harassment by a coworker and retaliation by her manager, which […]

The U.S. Court of Appeals for the Sixth Circuit rejected an employer’s argument that the employee was unable to perform any of her essential job functions, including attendance, as of the date of her termination, and was therefore not entitled to the protections of the Americans with Disabilities Act. As […]

An employee is protected from termination for taking leave under the Family and Medical Leave Act, but not for performance issues that warrant termination, even if they are discovered while the employee is on FMLA leave, as the U.S. Court of Appeals for the Seventh Circuit recently reiterated. In Anderson […]

A supervisor’s sporadic use of offensive words normally is alone not sufficient to create a hostile work environment under Title VII – except for the N-word, as a recent case from the U.S. Court of Appeals for the Fifth Circuit makes clear. (This is different than co-worker conduct, as discussed […]

In contrast to the last article regarding supervisory misconduct, an employer can avoid liability under Title VII for a hostile work environment created by coworkers – even involving the N-word – by a prompt and effective response to a harassment complaint. In Paschall v. Tube Processing Corp., two African-American employees […]

The U.S. Department of Labor has announced some proposed changes to its current electronic reporting requirements for workplace injuries and illnesses. According to the DOL’s press release, while establishments with 20 or more employees in certain high-hazard industries would continue to be required to electronically submit information from their OSHA […]