Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many
Employer Law Report
Helping employers avoid the storm of legal issues in the workplace
Blog Authors
Latest from Employer Law Report
New Florida immigration law subjects private employers to E-Verify mandates and penalties
On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which takes effect July 1, 2023, creating new employment mandates affecting Florida’s private businesses. Most important for businesses are the host of penalties for those who violate new E-Verify mandates. …
Preparing your workplace for new federal protections for pregnant workers
By Emily Peffer
On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) took effect. Employers should prepare themselves to comply with this new federal law, which creates much broader and different legal obligations for employers with respect to pregnant workers. …
United States Supreme Court clarifies employer duty to accommodate religious beliefs
By John Stephen
In a unanimous decision on June 29, 2023, the United States Supreme Court clarified, without overruling, a decision on religious belief accommodations that has guided employers since 1977. According to the Supreme Court, what the Equal Employment Opportunity Commission (EEOC), lower courts, employment lawyers and human resource professionals have for nearly 50 years considered to…
State of Ohio continues to examine the remote work debate
Red Sox or Yankees? Hamburgers or hot dogs? In the office or work from home? While some debates have been around for many years, the debate over whether employees should be required to be back in the office or be permitted to work from home continues for both private and public employers.…
Shot through the heart: Did SCOTUS give strikes a bad name?
*Special thanks to Porter Wright summer law clerk, Diego De La Vega, for his assistance with this post.
On June 1, 2023, the Supreme Court of the United States issued a decision some have deemed a blow to the right to strike. An 8-1 decision, Glacier Northwest v. International Brotherhood of Teamsters Local Union No.
Consistency matters: When the employer speaks, the employees may answer
A recent National Labor Relations Board decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the NLRB held that the National Labor Relations Act protects an employee’s right to wear buttons and masks in support of…
NLRB targets confidentiality provisions in severance agreements
In a decision issued Feb. 21, 2023, the National Labor Relations Board (NLRB) set a new precedent regarding confidentiality provisions. The McLaren Macomb case involved furloughed employees that were offered a severance agreement containing non-disparagement language that prohibited them from making negative statements about the employer. The agreement also contained a confidentiality provision that prohibited…
Defense to temporary total disability compensation for Ohio employers may be limited
The Tenth District Court of Appeals has thrown a curveball to Ohio employers by limiting a defense to temporary total disability compensation following the termination of an employee.…
Biden State of the Union signals measured approach on non-compete ban
By Nikki Mayo
The legal and mainstream media is still abuzz following the Federal Trade Commission’s Jan. 5, 2023, Notice of Proposed Rulemaking that would ban all employee non-compete agreements nationwide. And earlier this month, a bipartisan Senate bill was introduced (the Workforce Mobility Act of 2023, sponsored by U.S. Senators Chris Murphy (D-Conn.) and Todd Young…