A Law360 Article, reprinted by permission. Download printable PDF.
Just like you can’t spell awesome without “me,” you can’t take Family and Medical Leave Act leave without some conditions. Employers and employees alike should know all too well that one of those conditions is that the FMLA leave should be genuine. FMLA abuse
Last week, amid much anticipation, the EEOC released a new technical assistance document for employers, providing guidance on the use of artificial intelligence (AI), while ensuring compliance with Title VII. Entitled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of
Businesses entering the provisional license stage in Connecticut’s nascent adult-use cannabis market are beginning to grapple with labor and employment issues. In addition to hiring a workforce, prospective cannabis businesses must also consider the role of organized labor. The Responsible and Equitable Regulation of Adult-Use Cannabis Act (the “Cannabis Act”) contains specific requirements for cannabis businesses pertaining
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a new decision restricting the ability of private-sector employers to include non-disparagement and confidentiality provisions within severance agreements. The decision, McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO, Case 07–CA–263041, reversed two Trump-era decisions that permitted
This week the United States Supreme Court held that highly compensated employees are not exempt from overtime requirements unless they are paid on a salary basis. In other words, employers cannot avoid paying overtime to employees simply because they earn a high hourly or daily rate. Rather, employers must provide employees with a reliable, predetermined compensation regardless
As employers explore new ways to store and process biometric employee information, a new decision by the Illinois Supreme Court should cause them to exercise extreme caution when doing so.
The case, Cothron v. White Castle, relates to a federal class action law suit raising issues under the Illinois Biometric Information Privacy Act (“BIPA”).
Current and former college athletes are suing the National Collegiate Athletic Association (“NCAA”) over the NCAA’s failure to pay them an hourly wage. Last week, the Third Circuit heard argument about whether student athletes may be considered employees under the Fair Labor Standards Act. (“FLSA”).
The case before the Third Circuit is not unique. In 2016
In a move with profound implications for workplaces, the Federal Trade Commission (“FTC”) on Thursday, January 5, 2023, issued a sweeping proposal that would ban all non-compete agreements between employers and employees. While the timing was a bit of a surprise, the move had been telegraphed since mid-2020 when President Biden issued an executive order
As the holiday season approaches, the National Labor Relations Board (“NLRB”) issued four pro-labor decisions of varying impact. One decision maintains the status quo; two decisions return to an Obama-era standard, and the fourth creates an entirely new remedy for unfair labor practice cases. Each case will be addressed in turn below.
Maintaining the Status
The year is 2015. An employee, employer, and local union enter into a last chance agreement that forbids the employee’s use of controlled substances. If the employee violates the agreement, he may be subject to immediate termination. Subsequently, the claimant begins using medical marijuana in compliance with the terms of the Palliative Use of Marijuana