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Jurors Say the Darnedest Things

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During a trial, lawyers can be so focused on the law and facts of a case that they may not recognize that jurors may be focused on different things entirely. A federal case out of Connecticut makes this point quite nicely. (SEC v. Westport Capital Markets, LLC, No. 3:17-cv-02064 (JAM)(D.C. Conn., 10/26/20). It is not a labor or employment case, but the co...
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Do I Need To Give My Employees Time Off to Vote?

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Election Day is one week away, so it is a good time for employers to review the laws governing voting leave in the states where they do business. Chances are that you may be required to give employees some time off to vote.
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Sorry Dude: Title VII Does Not Protect An Expectant Father From Pregnancy Discrimination

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xpectant father in New York tried to assert such a claim under Title VII and New York law, and the lawsuit was dismissed. (Van Soeren v. Disney Streaming Serv. , S.D.N.Y., 19 Civ. 10196 (NRB), 10/16/20). Not surprisingly, the Court held that Title VII’s prohibition on discrimination on the basis of pregnancy applies to employees who are actually preg...
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Can You Require Your Employees to Be Vaccinated for COVID-19?

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As we hopefully get closer to a safe and effective vaccine for COVID-19, employers may be wondering whether they can require employees to be vaccinated. The answer is Yes, with some important exceptions. An employer that implements a rule that requires employees to be vaccinated must build in exemptions for religion and disability.
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Employee or Independent Contractor? DOL Issues Proposed Worker Classification Rule

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Worker classification is a hot issue right now. The recent California law that classifies most workers as employees has completely upended the gig economy in that state, so it is no surprise that the law is being challenged by a number of business groups. Under federal law, whether an employer classifies a worker as an employee or an independent contract...
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Telecommuting as a Reasonable Accommodation Under the ADA: The Pandemic Trial Run

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In the times before COVID-19, there were people (like the author) who telecommuted, but we were definitely in the minority. Now, thanks to the pandemic, many more people have been working remotely and doing so successfully. And according to some new EEOC Guidance, successful telecommuting could be considered something of a trial run for those employees wh...
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DOL Issues New Guidance: No FFCRA Paid Leave If School Is Open But Parent Chooses Remote Learning

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Yesterday, the Department of Labor issued some new guidance on the paid leave provisions of the Families First Coronavirus Relief Act (FFCRA). The new guidance addresses the availability of paid leave to parents who are choosing to let their children go to school remotely. By way of background, the FFCRA requires certain employers to provide employe...
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The Cost of Ignoring Racist Behavior in the Workplace

The Cost of Ignoring Racist Behavior in the Workplace

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What is the cost of ignoring racist behavior in the workplace? For a California company, it is $1.25 million dollars.
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Hey Georgia Businesses: Is Your COVID Warning Sign Compliant?

Hey Georgia Businesses: Is Your COVID Warning Sign Compliant?

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As I discussed in an earlier blog post, this month, Georgia enacted a COVID immunity law. Georgia businesses will generally be protected from liability over COVID-19 exposure except in cases of gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. In addition, Georgia businesses that post a w...
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Do You Know What Your Managers Are Doing on Social Media?

Do You Know What Your Managers Are Doing on Social Media?

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With so many people working and playing at home, it is no wonder that many of them are utilizing some form of social media to keep in touch with others. That includes your managers.
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Georgia Now Has A COVID Immunity Law

Georgia Now Has A COVID Immunity Law

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Yesterday, Georgia Governor Brian Kemp signed into law S.B. 359, which will protect businesses and other organizations in Georgia from potential lawsuits over Covid-19 exposure. The law takes effect immediately.
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