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Employment Law

She lacked required license, but sued anyway

Sometimes, an applicant or employee is not qualified for a job because of a basic inability to adequately perform its essential functions. At other times, disqualification occurs because the plaintiff lacks required credentials for the position.  That was the case…

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was this employee qualified to do her job

Avoiding wage-and-hour pitfalls during remote work

The transition from an onsite workforce to a fully remote workforce was quick. And at the time, few really expected the pandemic to last as long as it has. Now, we have to deal with the fact most federal, state…

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wage and hour laws were not written for a remote workforce

Room with a view? Claustrophobic employee sues over windowless office

A jury ruled in favor of an employee who said his employer unlawfully neglected to reasonably accommodate his claustrophobia when it put him an an office with no window. Robert Turco was a senior project manager for Zambelli Fireworks, which…

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FMLA certification: 3 ways doctors can be your best friend

When employers have issues with FMLA certifications it can make leave administration a true nightmare. But one of the best solutions to the problem often gets overlooked by employers. That solution: Going right to the doctor for help. That’s what…

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Communicate Early And Be Specific

Firm to pay $3.5 million for this

Sometimes federal enforcement actions end with big payouts. But it isn’t very often that they get this big -- or include this unusual twist. A temporary placement agency will pay a total of $3.525 million to resolve allegations that it…

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long running probe ends with huge payout

Judge won’t micromanage employer’s disciplinary process

She asked a court for too much, and too soon. A judge refused to micromanage an employer's disciplinary process. A firefighter sued for sex discrimination while the incident she’s suing over was still being investigated. She asked the court to order…

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Discipline Process Had To Play Out First

Lawsuit tries to block vaccine mandate: Court says …

A New Mexico federal judge refused to block a vaccine mandate for certain workers from going into effect. The court said data show the vaccines are safe and effective. It also said the vaccines provide immunity that “is significantly more…

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are mandates legal

Gay firefighter sues, claims abusive work environment

A court refused to dismiss an equal protection claim filed by a gay firefighter who says he was subjected to discriminatory treatment in the workplace.Sex-based trash-talk and pranks are still the norm in some police and fire departments. But if…

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ugly allegations drive lawsuit

Employer pays $40K to settle pregnancy bias suit

A Mississippi staffing agency will pay $40,000 and take other steps to resolve a federal government lawsuit that alleged pregnancy bias. The suit accused the employer of illegally discriminating against a job applicant based on her pregnancy.  The Equal Employment…

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she was qualified for the job lawsuit alleged

Employee: I was fired for complaining about shoddy COVID-19 measures

A judge said the “alleged spread of a contagious disease” among jail staff and inmates is a matter of public concern. So the judge has refused to dismiss a fired corrections employee’s First Amendment claim.  The employee had issues with…

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she says her employer violated her rights

Court ruled employer could stop employee from bringing emotional support dog to work

Does it violate the ADA if an employer denies an employee’s request to bring a support animal to the office? A recent court case addressed that very question. Anxiety attacks Nicholas Conlan worked as a marketer for Costco in Montana.…

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Is late payment a ‘minimum wage’ violation? Court says …

Under California law, employers must immediately pay discharged employees all the wages they have earned. Employees who quit without providing prior notice must be paid all wages earned within 72 hours. If at least 72 hours of notice is provided,…

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Wages Were Paid But Not On Time

Suit paints ugly picture of anti-Muslim bias at work

A new lawsuit accuses a Cedar City, Utah, car dealership of violating Title VII by engaging in religious discrimination. The suit says the dealership denied a Muslim employee religious accommodations. It also says the dealership fired the employee because he…

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Worker Says Harassment Was Severe

Employee flunks drug test — then collects six-figure payout

Be careful how you respond if an employee flunks a drug test.  The Equal Employment Opportunity Commission (EEOC) just resolved a lawsuit it filed against an employer. It had accused the employer of responding to an employee's two positive drug…

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Proceed Carefully When Tests Come Back Positive

Lower Court Ordered Arbitration Too Soon, Appeals Court Rules

A fact issue existed as to whether an employee accepted an agreement to have any employment-related dispute resolved via arbitration. Therefore, a lower court wrongfully compelled arbitration of his race and age discrimination claims. That's what a new ruling from…

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employee says he never agreed to arbitrate

Transgender employee says response to harassment fell short

The U.S. Court of Appeals for the Sixth Circuit rejected hostile work environment and retaliation claims. A transgender city worker filed the claims. The appeals court affirmed a lower court’s decision that the employer’s response to harassment against her was…

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