The U.S. Court of Appeals for the D.C. Circuit recently ruled that an employer may not require an employee to telework from home as a reasonable accommodation for their disability when the employee would rather work in person. The case is Ali v. Regan, D.C. Cir., No. 22-5124 (Aug. 9, 2024). The plaintiff worked as an economist for the U.S. Environmental Protection Agency (EPA). He suffered from severe allergies, Read More

Julie Su, Acting Director of the National Labor Relations Board (NLRB), recently announced that union petitions in American workplaces have more than doubled in fiscal year (FY) 2024 as compared to FY 2021. The number of petitions is up 27% in FY 2024, when the NLRB received 3,286 petitions, from FY 2023, when the NLRB received 2,593 petitions. Su pointed to the failed economic policies of the past as the impetus Read More

Whether employees work in the office or remotely, most communications take place via email, Slack, Zoom, Teams, and similar virtual collaborative programs. However, uncivil behavior is increasingly permeating online communications and seems to occur more frequently than in person, leading to a toxic workplace atmosphere. Increased virtual hostility stems from online disinhibition, a phenomenon in which people feel Read More

Litigation continues in various federal courts nationwide over the Federal Trade Commission's (FTC) rule banning most non-compete agreements. With the most recent court decision in Texas implementing a nationwide injunction as to the FTC rule, it is not likely that the rule will go into effect as planned on September 4, 2024, as most employers had expected. Texas Judge Issues Nationwide Injunction Striking Down Read More

While termination is never easy for an employer, allowing "resignation in lieu of termination" can be preferable for all parties involved in some circumstances. Resignation allows employees to tell future job prospects that they left voluntarily and may insulate employers from potential legal risks. Employers should consider some factors in determining whether allowing a voluntary resignation rather than Read More

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an expectant father had no right to leave under the Family and Medical Leave Act (FMLA) to travel out of state and prepare for his child’s birth. The case is Tanner v. Stryker Corporation of Michigan, 11th Cir., No. 22-14188 (June 20, 2024). Tristan Tanner became an employee of Stryker, a medical technology company when it acquired Tanner's former Read More

While one may not automatically equate dress codes with workplace civility, dress codes do have a role in promoting a respectful and professional workplace culture. Conversely, a dress code policy can lead to discord among employees and even violate employees’ legal rights under some circumstances. Employers may enforce job-related dress code policies that apply equally to all employees, regardless of protected Read More

A former risk management director has filed a wrongful termination lawsuit against Netflix, alleging that the streaming service giant fostered a sexual workplace culture that subjected her to unwanted sexual advances. The case is Jessica Combs v. Netflix Inc., Case Number 24STCV18761, Superior Court of the State of California, County of Los Angeles. Jessica Combs recently filed claims of discrimination, Read More

An Illinois federal district court judge has given final approval to a $9.39 million settlement in a lawsuit against White Castle by a group of employees who claimed that the company had violated their rights under the Biometric Information Privacy Act (BIPA). The case is Latrina Cothron et al. v. White Castle System Inc. et al., Case Number 1:19-cv-00382, U.S. District Court for the Northern District of Read More

Employers should be aware of recent federal legislation that has created new rights for pregnant and nursing employees. Some states also have passed state legislation that creates new or additional rights that employers must follow, depending on the states in which they operate. What follows is a summary of new legislation that impacts pregnant and nursing employees in the workplace. Federal Laws Congress Read More