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At Shawe Rosenthal, LLP, we are proud of our national reputation as Management’s Workplace Lawyers. For more than 70 years, we have represented…
Shawe Rosenthal LLP | USA | 26 Feb 2021
Paid Military Leave May Be Required Under USERRA
For the first time, a federal appellate court has ruled that the Uniformed Services Employment and Reemployment Rights Act requires employers to…
Shawe Rosenthal LLP | USA | 26 Feb 2021
Section 1981 Is a “Bulletproof Vest,” Not a “Full Suit of Armor” Against Discrimination
In addition to seeking recourse for race discrimination under Title VII, an employee may also bring a claim under Section 1981. But, as the U.S…
Shawe Rosenthal LLP | USA | 26 Feb 2021
NLRB Finds Distribution of Employee Handbook to Unionized Employees Lawful, But Troubling Signs for Employers in Dissent
A divided National Labor Relations Board held that an employer’s issuance of an employee handbook addressing terms and conditions of employment…
Shawe Rosenthal LLP | USA | 26 Feb 2021
A Showing of Damages Is Necessary In Order to Recover Under the FMLA
An employee can only recover for a violation of the Family and Medical Leave Act if they actually suffered harm, according to the U.S. Court of…
Shawe Rosenthal LLP | USA | 26 Feb 2021
The Latest Mask Guidance from the CDC
The Centers for Disease Control and Prevention (CDC) continues to revise its guidance on the use of masks to prevent the spread of COVID-19. Since we…
Shawe Rosenthal LLP | USA | 26 Feb 2021
A Change of Opinion (Letters): The DOL Continues Its Retreat from Business-Friendly Positions
Employers may be saddened - but not surprised - by the U.S. Department of Labor’s about-face under the Biden administration on a number of issues of…
Shawe Rosenthal LLP | USA | 26 Feb 2021
An Employee Claiming Retaliation Must Rebut All, Not Just Some, of the Reasons for Her Termination
The U.S. Court of Appeals for the Eighth Circuit rejected an employee’s argument that she need only show that some of the employer’s reasons for her…
Shawe Rosenthal LLP | USA | 26 Feb 2021
An Employee May Be Held Accountable for Poor Performance, Even If Caused By Disability
The U.S. Court of Appeals for Fifth Circuit recently reminded employers that they may hold employees accountable for performance standards even if…
Shawe Rosenthal LLP | USA | 26 Feb 2021
Reasonable Accommodation Obligation Extends to Workplace Access
A recent case reminds employers that, under the Americans with Disabilities Act, they must provide reasonable accommodations to allow employees with…
Shawe Rosenthal LLP | USA | 26 Feb 2021
Is Denial of a Lateral Transfer an Adverse Employment Action?
Although the current answer is a clear “no,” the future is somewhat less certain in light of a recent decision from the U.S. Court of Appeals for the…
