Employee Handbooks: Challenges for Multistate and International Employers

Although employee handbooks are not a legal requirement, they are a useful tool for employers to communicate policies, procedures, and expectations to new and existing employees. For multistate and international employers, creating a universal employee handbook can be very challenging due to the need to comply with all the local, state, federal, and international laws applicable to the jurisdictions in which the Read More

Eleventh Circuit Awards Atty Fees to Plaintiff in AL Bias Suit Despite Mixed Jury Verdict

The U.S. Court of Appeals for the Eleventh Circuit issued a unanimous unpublished opinion affirming an award of over $172,000 in attorney fees and costs to a former employee of the Alabama Department of Transportation in a race bias case. The appellate court upheld the trial court's decision because an Alabama jury found that race was a motivating factor in the employee's termination, even though the employer could Read More

Changes in Gun Laws Affect the Workplace

Recent changes in state and federal laws have affected an individual's ability to carry firearms in public and the workplace. These changes should prompt all employers to review their policies on guns in the workplace, with the overall goal of balancing individuals' gun rights with maintaining a safe workplace.  Federal Gun Laws Employers have a legal duty to maintain a safe work environment for their workers Read More

ADP Seeks Sanctions Against Former Employer for Allegedly Destroying Evidence in Suit

ADP Inc., a payroll processing business, has filed a motion asking a Florida federal court judge to dismiss a lawsuit filed by ex-ADP manager David Schwartz. Alternatively, ADP is asking the court to enter a default judgment in its favor, based on allegations that Schwartz deleted crucial evidence on a company iPad. ADP is requesting a jury instruction in any trial that may occur that any deleted evidence was Read More

Comply with Federal, State, and Local WARN Laws in Conducting Layoffs

Companies that are planning mass layoffs or reductions in force (RIF) must comply with the often-complex requirements of the Worker Adjustment and Retraining Notification (WARN) Act. Many states and even municipalities have enacted their own "mini-WARN Acts" that may impose different or additional requirements on employers who intend to conduct layoffs. The Federal WARN Act  The WARN Act requires covered Read More

Adopting Practices to Minimize Liability for Layoffs

Employers can make themselves vulnerable to liability when they lay off employees under such legislation as the Worker Adjustment and Retraining Notification Act (WARN Act), state versions of the WARN Act, and the Older Workers Benefit Protection Act (OWBPA). Fortunately, employers can take various steps to minimize this type of liability when they conduct layoffs.  Layoff Procedures to Follow First, employers Read More

Toyota Moves to Dismiss Proposed FMLA Class Action, Compel Arbitration

Toyota Motor North American (Toyota) has asked a federal judge to dismiss a proposed class action lawsuit over whether the company underestimated employees' hours to cut down on their entitlement to leave under the Family and Medical Leave Act (FMLA). Toyota also asked that the judge compel arbitration of the claim, alleging that the plaintiff had signed an arbitration agreement waiving his right to participate in a Read More

Conducting Formal Racial Equity Audits in the Workplace

Companies have increasingly turned to formal racial equity audits to identify and address systemic bias and discrimination. Typically, a third-party or external law firm conducts a racial equity audit for a company by evaluating its policies, procedures, and practices. For instance, the auditor may look at the company's recruiting, interviewing, hiring, promotion, and retention processes. The auditor also may examine Read More

Federal Judge Rejects Motion to Dismiss HIV Patients’ Disability Bias Suit by CVS

A California federal judge refused to dismiss a proposed class action claiming that CVS Pharmacy’s prescription drug program discriminates against HIV and AIDS patients. CVS had argued that its five subsidiaries against which the plaintiffs had filed suit under the Affordable Care Act (ACA) could not be held responsible for the alleged discrimination. The judge disagreed, finding that separate corporate entities Read More

Companies Urge Supreme Court to Preserve Affirmative Action in Higher Ed

As the U.S. Supreme Court begins its 2022-2023 term, among the first cases it will take up are a pair of cases that challenge the future of affirmative action in higher education. The cases are Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. Students for Fair Admissions (SFFA) is asking the high Court to overrule its 2003 Read More