Limits to Scheduling Flexibility Did Not Show Discriminatory Motive

?Takeaway: An employer should consistently follow its policies regarding employee attendance and scheduling. When an employer bends the rules on some occasions but not others, an employee disciplined for a violation may... Read more »

Massachusetts Updates Paid Family and Medical Leave Contribution Rates

?The Massachusetts Department of Family and Medical Leave has announced changes to the employer contribution rates and benefit amounts under the Paid Family and Medical Leave Act (PFMLA), effective Jan. 1, 2023.... Read more »

Judge Applies Supreme Court Decision to Dismiss Representative PAGA Claims

?Takeaway: The Johnson decision highlights how under a straightforward application of the Supreme Court’s Viking River ruling, properly drafted arbitration agreements are a valid and enforceable means to ensure that a plaintiff’s... Read more »

Avoid Common FMLA Certification and Recertification Mistakes

Family and Medical Leave Act (FMLA) certification and recertification are among the best ways to reduce FMLA abuse. But employers often make mistakes with both, while some fail to satisfy the law’s... Read more »

Supreme Court Ready to Address Affirmative Action, Religious Freedoms

?With the advent of fall comes a new term for the U.S. Supreme Court, which is likely to hear a number of cases of interest to employers across the country. The 2022-23... Read more »

California Revises Formula for Paid Family Leave and State Disability Insurance Benefits

?After vetoing a similar bill last year, on Sept. 30, California Gov. Gavin Newsom signed Senate Bill 951, which increases wage replacement rates for low-wage earners under the state Paid Family Leave program... Read more »

Arizona Law Imposes New Workers’ Compensation Notice Requirements

?As a result of Arizona Senate Bill 1403, which took effect Sept. 24, the Arizona worker’s compensation statute will be amended to add section A.R.S. § 23-1061(N). The new statutory provision applies... Read more »

California Requires Pay Range in Job Postings

?As a result of Gov. Gavin Newsom’s signature on new legislation, California will soon join a growing list of states and local jurisdictions that require job postings to include pay scale information.... Read more »

Worker Entitled to Unemployment Benefits After Taking Time Off

?Takeaway: An employee who leaves work for good cause is entitled to a presumption of having not voluntarily quit. The presumption may be overcome, but only upon evidence showing the employee positively... Read more »

Anticipated OSHA COVID-19 Rule for Health Care Employees Criticized

?On Sept. 26, House Education and Labor Committee Republican Leader Virginia Foxx, R-N.C., and Workforce Protections Subcommittee Republican Leader Fred Keller, R-Pa., wrote Occupational Safety and Health Administration (OSHA) Assistant Secretary Douglas... Read more »