Employers who wish to arbitrate disputes with their employees should assert the right to arbitrate promptly—a recent Supreme Court decision has made it easier for employees to show that an employer’s delay constitutes a waiver of the right to arbitrate. In Morgan v. Sundance, Inc., 142 S.Ct. 1708 (2022), the plaintiff worked as an hourly …
All My Exes Live in Texas: Texas’ New Laws in the Wake of #MeToo and a Growing Economy
Texas is booming. As of 2022, Texas had 89,600 more jobs than it did before the onset of the pandemic. According to the U.S. Bureau of Labor Statistics, the unemployment rate steadily declined from 5% in October 2021 to 4.4 % in March 2022. Texas has always touted itself as an employer-friendly state, with the Texas Economic Department advertising …
Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen as THC, and can employees be terminated for using it? Second, is an employer test for …
Continue reading “Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It”
#MeToo 5 Years Later – How The States Took Over the Narrative
Although the COVID-19 pandemic has occupied a preeminent place in all of our minds for the past two years, it was not that long ago that the #MeToo movement swept the nation, forcing employers and employees to examine new—yet somehow also old—issues of discrimination, retaliation, and harassment in the workplace. From a cultural standpoint, #MeToo …
Continue reading “#MeToo 5 Years Later – How The States Took Over the Narrative”
U.S. Department of Labor Signals Increased Focus on Protecting Against Retaliation
On March 10, 2022, the U.S. Department of Labor (DOL) and its Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2022-02 (FAB). FAB focused on retaliation against employees who assert rights under a broad array of federal laws, including the FLSA, FMLA, the Migrant and Seasonal Workers, various work Visa programs (such as …
In the West Texas Town of El Paso, I Fell in Love with Working from New Mexico: Applying Home State Laws for Remote Work.
March 12, 2022 marks the second anniversary when the National Basketball Association first canceled games because of COVID-19. In the two years since, there have been waves of COVID. Just last year, President Joe Biden made a speech on Independence Day stating: “Thanks to our heroic vaccine effort, we’ve gained the upper hand against this …
It’s Time to Re-Visit Arbitration Agreements and Waivers under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445, the “Act”), which amends the Federal Arbitration Act and ensures that victims of sexual assault and harassment are entitled to have their day in court. Specifically, the Act provides that no …
EEOC Ramps Up Enforcement Lawsuits
Protection against unlawful treatment in the workplace is a goal shared by employers and employees alike. Employers that may have relaxed their compliance with federal employment and discrimination laws during the pandemic take note: the U.S. Equal Employment Opportunity Commission (EEOC) has been ramping up its enforcement activities; meaning employers should refocus on their internal …
Class Action Discrimination Suit Against the NFL Is One to Watch
On February 1, 2022 – the first day of Black History Month – Brian Flores, the former head football coach of the Miami Dolphins, filed a class action lawsuit against his former team, as well as the New York Giants, the Denver Broncos, and the National Football League (“NFL”) for discriminatorily denying employment to Black …
Continue reading “Class Action Discrimination Suit Against the NFL Is One to Watch”
Practical Considerations in Employment Terminations
A strong workforce is a critical component for an employer’s success, and work is at least as important for employees. Work is a source of much more than income. It is a source of dignity and self-worth for employees. As a result, employment terminations can have high stakes, because of the risks of litigation and …
Continue reading “Practical Considerations in Employment Terminations”