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Labor & Employment Insights Blog

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Curse Words and Customer Service: Sixth Circuit Affirms Dismissal of Tourette Syndrome ADA Claim

USA - February 20 2024 If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In…

How Quickly Can the NLRB Get You? The Supreme Court to Decide in Starbucks Appeal

USA - February 15 2024 As we have been blogging during the Biden Presidency, the National Labor Relations Board has become quite aggressive these days. The aggression…

Don’t Mess with Texas Nurses: Texas Healthcare Facilities Must Adopt Workplace Violence Prevention Plans by September 1, 2024

USA - February 6 2024 Texas has now joined states like California in creating statutory protections against workplace violence against healthcare workers. Senate Bill 240…

This Ain’t My Home, Now Pay Up: 11th Circuit Reverses on FLSA’s Live-In Service Worker Exemption

USA - February 1 2024 Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA)…

New Boss Is Definitely Not the Same as the Old Boss: 7th Circuit Allows Age Discrimination Claim to Go Forward

USA - January 30 2024 Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a…

“Tester” Results Are In! Supreme Court Ruling on ADA Accessibility Testers Proves Disappointing, But Not Useless

USA - January 25 2024 Nearly a year ago, we reported that the United States Supreme Court was planning to hear a case—Acheson Hotels v. Laufer—on whether “tester”…

The ‘New’ New Final Rule? DOL on Independent Contractors and the FLSA

USA - January 18 2024 Remember the 2021 Independent Contractor Rule? Well, forget it or at least most of it. Last week, the DOL published a new final rule for independent…

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

USA - January 9 2024 As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent…

What to Do When You Get an EEOC Subpoena

USA - January 4 2024 The EEOC has some new laws in its arsenal (i.e., the Pregnant Workers Fairness Act, the PUMP Act) and is likely to release new guidance on harassment…

2024 Already?! The Types of Issues Employers Will Be Facing in the New Year

USA - December 19 2023 Well, that went fast. The year 2023 is coming to a close, and 2024 is shaping up to be a challenging year for employers with several potential…