May 2020 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS CDC Issues Interim Reopening Guidance for Employers of High Risk Employees, As Well As Industry-Specific Recommendations The Centers for Disease Control has issued a lengthy document in support of the President’s Plan for Opening America Up Again, containing specific […]

In Cott Beverages, the National Labor Relations Board held that employer rules prohibiting cell phones on the production floor and in the warehouse were lawful. The employer, a beverage manufacturer, maintained work rules prohibiting employees from possessing cell phones while on the production floor and in the warehouse. The administrative […]

The District of Columbia has recently passed two employment laws, requiring employers to provide leave to vote and benefits to encourage the use of shared or public transportation – although they are not likely to take effect until 2022. Voting Leave – The Leave to Vote Amendment Act requires D.C. […]

There have been a slew of developments at the Office of Federal Contract Compliance Programs this past month, including the following: An updated Voluntary Self-Identification of Disability form. This mandatory form – the content of which cannot be altered – is used for applicants at both the pre-offer and post-offer […]

The Equal Employment Opportunity Commission issued its inaugural Commission Opinion Letter, addressing the legality of an IRS form used for the federal Work Opportunity Tax Credit (WOTC) program. Formal opinion letters have been used by other federal agencies, like the Wage and Hour Division of the Department of Labor, to […]

An employee requesting leave under the Family and Medical Leave Act is only entitled to the protections of the Act if she actually has a qualifying serious health condition, according to the U.S. Court of Appeals for the 11th Circuit. In Martin v. Financial Asset Mgmt. Systs., Inc., after a […]

The U.S. Court of Appeals for the 6th Circuit emphasized that, while a plaintiff alleging discriminatory discipline must show that comparators received more favorable treatment, the misconduct need not be identical for purposes of comparison. In Spratt v. FCA US LLC, an African-American buyer falsified an initial bid summary, which […]

The fact that an employee’s misconduct occurred in the context of otherwise legally protected conduct does not insulate him from discipline, according to the U.S. Court of Appeals for the 6th Circuit. Although this case arises under the federal Railway Safety Act, the principle is generally applicable. In Lemon v. […]

An employee’s claims that his employer unlawfully “capped” his sales commissions was allowed to proceed, despite language in the governing Incentive Plan Letter (IPL) that the employer reserved the right to adjust the plan’s terms. In Fessler v. IBM Corps., the employee’s IPL stated that it did not constitute a […]

Two federal appellate courts this month affirmed the right of employers under the Americans with Disabilities Act to require a medical examination to assess an employee’s fitness for duty based upon troubling conduct. In Johnson v. Old Dominion University, the U.S. Court of Appeals for the 4th Circuit found that […]