Several States Pass Protection to Employers from Virus Lawsuits, and Federal Legislation Also Proposed
The State of Georgia has joined several other states in legislation protecting employers from liability related to the Coronavirus.  The Governor is expected to sign the law, thus adding Georgia to Louisiana, North Carolina, Oklahoma, Utah and Wyoming having such protection.  The Georgia law would shield employers, healthcare providers and other...
Cultural Sensitivity in Wording Now a Legal Necessity
While many oppose the concept of "political correctness," in some senses it is now a legal necessity.  And what is deemed culturally sensitive seems to be changing, sometimes in controversial ways. While many oppose the concept of "political correctness," in some senses it is now a legal necessity.  And what is deemed culturally sensitive s...
protesters with resist sign
Off-duty issues and activities, and their impact at the workplace, seem to be growing today.  Social media protests have increased since the Black Lives Matter movement has intensified, and pandemic issues are not abating.  Often, both as a practical and legal matter, these issues cannot be kept out of the workplace.Off-duty issues and activitie...
wood Law gavel
A trilogy of U.S. Supreme Court rulings have expanded religious rights, with one of the rulings pertaining to most private employers.  In Little Sisters of the Poor v. Pennsylvania, the Court ruled that the Trump Administration had the right to exempt employers that raised religious or moral objections to the Affordable Care Act (ACA) prior requireme...
A group of young people in the background
The issue of undocumented immigrants brought into this country as children has long been a controversial one.  Although technically unauthorized, President Obama during his term implemented the Deferred Action for Childhood Arrivals Program (DACA), which in essence indicated that the government would not enforce laws against persons brought into this...
calculator next to computer laptop on desk near a pen
We all know (or learn) that not everything in life can be carefully planned.  For example, some weeks an employer may need a worker for just 30 hours, but in another week may need them to put in 50 hours.  The Fair Labor Standards Act (FLSA) has long provided employers with the option to pay nonexempt employees whose hours vary on a salary basis...
a lie has no legs sign
According to the Sixth Circuit Court of Appeals, the U.S. Army's decision to fire a civilian employee because it found her repeated complaints of harassment baseless, does not violate the federal discrimination laws.  Carrethers v. McCarthy, 2020 BL 198271 (5/28/20).  The employer had assigned an investigator, who concluded that it was "extremel...
grocery store lady
Employers, along with other establishments all across the country, fear operating under circumstances where employees may claim they became sick with COVID-19 by contracting the Coronavirus at work.  In most states, outside of certain healthcare workers, the federal and state executive orders do not grant any immunity to employers from such claims.&n...
2019 sign sparks
On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) announced that it was postponing the collection of EEO-1 data due to the Coronavirus.  The EEO-1 report, which normally applies to employers with at least 100 employees, would have been required to be filed by March 2020, for the 2019 report.  The 2019 report is now not due until...
Movie theater sign, the world is closed due to covid-19
Whether American employers are reducing their workforces in response to the pandemic, or re-opening and/or expanding their workforce, numerous liability issues exist.  This article discusses the types of liability issues most likely to result in litigation against employers.
Many employers limit light duty jobs to workers who have suffered work-related injuries.  However, a new case out of the Eleventh Circuit tells us that the employer that fails to offer these light duty jobs to pregnant employees with medical restrictions risks being liable for discrimination.  Durham v. Rural/Metro Corp., 18-14687 (11th Cir., 4/...

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