The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second medical opinion. Employers in the Ninth Circuit may, in certain circumstances, rely on
Archives for August 8, 2024
Michael Moberg Discusses Concerns About Gov. Walz’s Employment Laws
Michael Moberg discusses concerns regarding the financial impact that Gov. Walz’s new paid leave law will impose on employers and questions the practical effect of the ban on captive audience meetings in “In Walz, Harris Picks Veep With Vast Employment Law Record,” published by Law360.
Diane Krebs, Damon Silver, John Snyder and Melissa Pascualini Author “What Real Estate Businesses Need to Know About Using Website Tracking Technologies”
Diane Krebs, Damon Silver, John Snyder and Melissa Pascualini author “What Real Estate Businesses Need to Know About Using Website Tracking Technologies,” published by The Practical Real Estate Lawyer.
Richard Greenberg Comments on Challenges Associated with Office Dress Codes
Richard Greenberg comments on the challenges of enforcing office dress codes due to varying opinions on what is appropriate and advises employers to apply their policies consistently to manage appearance issues in “How Well-Constructed Dress Codes Can Promote Civility,” published in SHRM.
Nina Bundy Spotlighted for Her Summer Associate Role at Jackson Lewis
Nina Bundy, who will join Jackson Lewis as an attorney following her 2025 graduation, is spotlighted for her summer associate experience in the firm’s Washington D.C. Region office in “Student Spotlight: Nina Bundy,” published by GW Law.
Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act
When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the U.S. Court of Appeals for the Eighth Circuit held in affirming the trial court’s order denying a motion to compel arbitration. Famuyide v. Chipotle Mexican Grill, Inc., No. 23-3201 (Aug. 5, 2024).
New Law Alert! Illinois Freedom of Speech Act and Limitations on Union (and Other Meetings)
Real World Impact: The newly enacted Illinois Freedom of Speech Act prohibits employers in Illinois from requiring employees to participate in employer-sponsored meetings if the meeting is designed to communicate an employer’s position on religious or political matters (including any union issues).
Michigan Supreme Court Invalidates Legislative Amendments to Minimum Wage, Paid Sick Leave Measures
Michigan employers soon will face a significantly higher minimum wage and more onerous employee sick leave obligations after the Michigan Supreme Court invalidated the Michigan legislature’s amendments related to two voter ballot initiatives. Mothering Justice v. Attorney General and State of Michigan, No. 165325 (July 31, 2024).
Learn more here.
Internal Investigation Insights
In this episode, Jen offers some important insights for workplace investigators.
Minnesota Passes a Comprehensive Consumer Data Privacy Law
On May 24, 2024, Minnesota’s governor signed an omnibus bill, HF4757 which included the new Consumer Data Privacy Act. The state joins Kentucky, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island in passing consumer data privacy laws this year.
Minnesota’s law takes effect July 31, 2025, except that postsecondary
OFCCP Encourages Contractors to Use Apprenticeship Programs to Hire Veterans
On July 31, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released new guidance encouraging federal contractors to implement apprenticeship programs to “attract and retain” United States military veterans in efforts to satisfy OFCCP compliance obligations.
Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals
The Third Circuit agreed with the lower court that a preliminary injunction was not warranted to block New Jersey’s Temporary Workers Bill of Rights (the “Bill of Rights”) in a challenge by industry groups. The appellate court ruled that the Bill of Rights does not unlawfully burden out-of-state businesses or
Littler Appoints New Leadership to Its ‘Ohana Affinity Group and SOAR Program
(August 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, has selected Devjani H. Mishra (Shareholder, New York) and Nicole S. LeFave (Shareholder, Austin) to lead its ‘Ohana affinity group and SOAR Program, respectively.
A Watch Factory Embraces Workers with Autism
“It’s not just the focus in the first 10 pieces,” the owner said. “It’s being able to maintain that kind of a focus when you’re doing No. 400 and No. 401.”
Work Advice: How can I persuade my boss to keep my friend on staff?
My unpredictable boss wants to acquire property where my friend is the live-in caretaker. How can I advocate for my friend so she doesn’t lose her job and home?