When conducting company layoffs or reorganizations, some employers may face this legally risky situation: denying reinstatement to an employee coming off FMLA leave. As you know, the Family and Medical Leave Act provides 12 weeks of job-protected leave per year…
Employment Law
A second federal district court has preliminarily enjoined enforcement of the FTC’s pending ban on non-compete agreements, finding that the rule exceeds the agency’s authority. The ruling pushes the scorecard to 2-1 in favor of rulings that block the ban,…
Question: If a departing employee leaves your company with a negative PTO balance, can you deduct funds from the final paycheck to cover it? A court ruling from Massachusetts provides valuable insight. Exempt Employee Gives Notice Ian O’Donnell was classified…
A court revived a case involving an employee who was injured after a drunk taxi driver – hired by her employer – got into an accident. Manoucheka Francois worked as a train conductor for the Metro-North Commuter Railroad. Late one…
OSHA has taken enforcement action against Adidas America Inc., a global athletic apparel and footwear company, for “continuing to ignore” federal workplace safety standards, according to a DOL news release. The company now faces an additional $396,377 in new OSHA…
Idaho’s highest court upheld a finding that an employee who received workers’ comp benefits was not further entitled to total and permanent disability benefits as well. While working for Dependable Auto Sales in late March of 2018, Robert Nelson injured…
On July 3, Gov. Chris Sununu signed legislation making New Hampshire the 26th state to enact its version of the CROWN Act prohibiting natural hair discrimination in the workplace. As it pertains to employment, the state’s anti-discrimination law now prohibits…
Every day, companies have a chance of being notified of a claim or government audits. Some may seem simple on the surface, but small and midsize companies can be more crippled if an audit or claim strikes. While a simple detail…
When workers aren’t protected from deadly fall hazards, OSHA issues significant penalties, as this recent case from Illinois shows. KW Framing Inc. – a Chicago-area framing contractor – is no stranger to workplace safety violations, according to OSHA. The agency…
The Department of Labor’s Occupational Safety and Health Administration (OSHA) has determined that a Texas contractor permitted a safety lapse that led to the death of an employee. The agency has proposed penalties totaling $260,848 against CMD Contractors, Inc., which…
A new EEOC lawsuit is taking aim at an employer that allegedly violated the Americans with Disabilities Act (ADA) by refusing to allow telework as a disability-related accommodation. The new suit highlights a question that is relevant for all ADA-covered…
An employer broke the law by implementing a safety policy that required employees to come to it first before going to regulatory authorities with safety concerns, the Department of Labor has determined. As a result of the agency’s investigation, the…
The Occupational Safety and Health Administration (OSHA) has cited a New Jersey water tower painting company for three willful and 19 serious violations after finding the contractor failed to provide safety equipment that would’ve prevented an employee from falling 80…
A state court decided that a settlement agreement resolving a workers' comp claim did not require an employer to pay for surgery that was recommended years after the work injury. The reason: The worker did not prove that the work-related injury…
Evolving cannabis legislation makes employee drug testing trickier than ever. But if an employee fails two drug tests in a row, it’s probably safe to move forward with termination, right? That’s likely what company leaders at Airgas USA were thinking…
When the Federal Trade Commission announced its final rule banning most non-competes as an unfair method of competition in April, it devoted plenty of time and effort to explaining why it firmly believed it has the authority to impose such…
