Question: In order to protect its workforce, what can an employer ask an employee who calls in sick? Answer: On March 18, 2020, the EEOC published guidance for employers. During these unprecedented challenges, the EEOC explains what precautionary measures are permitted under the American with Disabilities Act. The EEOC was quick to point out that…
On April 7, 2020, the Department of Labor Wage and Hour Division (WHD) provided guidance on the recently enacted Families First Coronavirus Response Act (FFRCA). FFCRA is divided into 8 sections but the recent guidance focused specifically on the paid leave provided by Section C: Emergency Family and Medical Leave Expansion Act (EFMLEA) and Section…
In 1988, Congress passed the Worker Adjustment and Retraining Notification (WARN) Act to provide workers with time to prepare for the transition between the jobs they currently hold and new jobs when large employers are going to shut down their facilities or perform mass layoffs. As companies have been forced to shut their doors and…
On June 3, 2019, the United States Supreme Court issued a unanimous 9-0 Opinion in Fort Bend County v. Davis that a complainant who fails to file a charge with the EEOC before filing a lawsuit against an employer does not create a jurisdictional defense for the defendants. Title VII of the Civil Rights Act…
Discussion of workplace harassment reached a fever pitch last Fall when media reports streamed seemingly endless claims against Hollywood moguls and corporate giants alike. The #MeToo movement has added force to the discussion, no doubt leaving employers feeling exposed. Although harassment allegations are often handled in civil courts, certain allegations can be litigated in workers’…
With prescription drug and opioid addiction on the rise in America and an estimated 20 million Americans in need of treatment for drug or alcohol addiction, the prevalence of drug and alcohol use in the workplace is a serious concern for employers. As you might imagine, working under the influence of an intoxicating substance can…
Background The #MeToo movement has gripped headlines for months by highlighting the prevalence of sexual harassment, with the entertainment industry and politics being a particularly high-profile focus. By bringing these issues to the forefront of consciousness, legislators are finally beginning to explore methods to address these pervasive issues. One such effort is the federal “Ending…
According to the most recent Pew Research Center survey, roughly three-quarters of adults in the United States use some form of social media, and most of those social media users visit their preferred platforms daily. This prolific social media use can create concerns for management, as employers often want to limit not only their employees’…
Harvey Weinstein. Roger Ailes. Bill O’Reilly. Steve Wynn. Matt Lauer. Charlie Rose. Kevin Spacey. Louis CK. Famous men who became infamous in the age of #MeToo. Following the allegations against Harvey Weinstein, calls to RAINN (Rape, Abuse & Incest National Network) are up 21 percent. The BBC has seen a sudden increase in sexual harassment…
In February 2018, the United States Supreme Court issued a decision that resolved a circuit court split by siding with the narrower definition of a “whistleblower” under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”). In its decision, the Supreme Court made clear that an employee must first report a securities…