Arguably Faulty Process Sends ADA Case to Trial

?Takeaway: Even though an employer had positions in place—an occupational health nurse and a director of disability management—that should have ensured effective handling of intertwined disability accommodation and medical leave claims, evidence... Read more »

No Discrimination When Decision-Maker Was Unaware of Disability

?Takeaway: Employers may take adverse action against employees with disabilities or members of other protected categories if they are insubordinate.  ?A federal district court in Connecticut granted summary judgment against disability and... Read more »

NLRB Decision Makes Small Bargaining Units More Likely

?A new ruling from the National Labor Relations Board (NLRB) modifies the test used to determine whether a group is an appropriate collective bargaining unit, making it easier for unions to get... Read more »

California Mandatory Postings and Pamphlets: What’s New for 2023

?California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective Jan. 1, 2023, eight out of 18 of these required notices will be... Read more »

Recouping Training Costs Poses Legal Challenges

?After spending significant money on training sessions, employers may feel the investment was a waste if an employee leaves shortly thereafter. Some employers require workers to pay back the cost of training... Read more »

Hospital Supervisor with MS Cannot Go Forward with Failure-to-Accommodate Claim

?Takeaway: A hospital supervisor with MS could not go forward with his failure-to-accommodate claim when the hospital approved permission for him to work from home on a case-by-case basis when his MS... Read more »

Reverse Bias Claims Fail in Absence of Any Evidence of Discrimination

Takeaway: When a white employee failed to show any connection between his race and his failure to receive either of two jobs, his reverse discrimination claims could not proceed to trial.  ?A... Read more »

NLRB Broadens Potential Remedies for Unfair Labor Practices

?Employers that violate federal labor law must compensate workers to make up for the direct consequences of unfair labor practices, the National Labor Relations Board (NLRB) ruled on Dec. 13. This ruling... Read more »

No-Fault Points-Based Attendance Policy May Violate ADA

?Takeaway: This ruling should give employers pause before implementing a no-fault points-based attendance policy. ?AutoZone stores may have violated the Americans with Disabilities Act (ADA) when they maintained a no-fault points-based attendance... Read more »

New Jersey Edges Closer to Implementing Landmark WARN Law

?A bill advancing in the New Jersey Legislature would expedite the implementation of significant changes to the state’s Worker Adjustment and Retraining Notification (WARN) law, which requires employers to provide notice 60... Read more »