Eleventh Circuit Rejects Retaliation Claim Because HR Manager's Conduct was "Unreasonable" and Not Protected Under Title VII

In Gogel v. Kia Motors Mfg. of Ga., the Eleventh Circuit examined Title VII's opposition clause and the extent to which "oppositional conduct" can be considered so unreasonable that it loses Title VII protection. In this case, Kia fired its HR manager for strongly encouraging an employee to file a discrimination lawsuit against the company. Once terminated, the HR manager sued the company for retaliation, arguing that her actions were protected by Title VII's opposition clause. The court rejected the argument and the claim, handing a victory to employers. More ›

Federal Court in New York Strikes Down Key Provisions of DOL's FFCRA Final Rule

In State of New York v. United States Department of Labor, the Southern District of New York struck down several key aspects of the Department of Labor's (DOL) Final Rule implementing the provisions of Families First Coronavirus Response Act (FFCRA). Brought by the State of New York, this suit challenged several features of the DOL's Final Rule as exceeding the DOL's authority. The DOL cross-filed for summary judgment and moved to dismiss for lack of standing. More ›

NLRB Clarifies its Section 7 Evidentiary Standard for Evaluating Employer Discipline for Employee Abusive Conduct

Last September, we anticipated a change in National Labor Relations Board (Board) policy regarding the evidentiary standard for resolving unfair labor practice charges related to employer discipline of employee abusive conduct. Now, the Board will employ a single proof paradigm—the Wright Line test—to resolve such unfair labor practice allegations. More ›

As COVID-19 Cases Increase, States Adopt Workplace Standards and Emergency Ordinances

With over 40 states showing a significant increase in the number of COVID-19 cases, the novel coronavirus remains top of mind for employers throughout the U.S. Numerous state and federal measures have been—and continue to be—enacted in response to the pandemic. We explore some of these recent policies and their impact on employers below. More ›

Minneapolis Earned Sick and Safe Time Ordinance Upheld by Minnesota Supreme Court

On June 10, 2020, in Minnesota Chamber of Commerce v. City of Minneapolis, the Minnesota Supreme Court upheld the City of Minneapolis' Earned Sick and Safe Time (ESST) Ordinance. The ordinance requires employers to provide sick and safe time to employees who work within the city, and applies to all employees who work in Minneapolis, regardless of whether or not the employer is based in Minneapolis. Employers operating in Minneapolis—or other Minnesota cities with similar ordinances such as Duluth and St. Paul—should review their local ordinances, along with state and federal laws, to ensure compliance. More ›

Proclamation by Trump Administration Will Have Major Impact on Employer-Sponsored Immigration

On June 22, 2020 President Trump signed a Proclamation suspending certain immigration applications and entry into the United States which will dramatically—albeit temporarily—impact the landscape of employer-sponsored immigration. Subject to limited exceptions, the suspension applies to foreign workers in the H-1B, H-2B, L-1, and J-1 visa categories, as well as their dependents, and is effective from June 24 to December 31. More ›

CDC Issues Guidance That Serological Testing of Employees Violates ADA

As more states are reopening and employees are returning to work, some employers will be considering testing employees for COVID-19 before allowing them to return to the workplace. In a prior post, we wrote about guidance from the EEOC that states that employers may test employees before returning to work as long as the testing complies with the Americans with Disabilities Act (ADA). We also wrote about the various types of COVID-19 testing available, including serological testing and diagnostic testing. Serological testing looks for the presence of COVID-19 antibodies, while diagnostic testing checks for the presence of the COVID-19 virus itself. More ›

Think You Finally Understand the PPP? Think Again… Because It Has Been Amended

On June 5, 2020 H.R. 7010—known as the Paycheck Protection Program Flexibility Act (the "Act")—went into effect. The Act amends the Paycheck Protection Program (PPP) created by the $2.2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act. Although the amendments provide greater flexibility for employers, they may also require reconsideration of prior understandings and decisions. More ›

SCOTUS Decides Title VII Protects LGBTQ+ Workers

In a historic 6-3 decision, the Supreme Court of the United States held that an employer who discriminates against an employee merely for being gay or transgender violates Title VII. 590 U. S. ____ (2020). This landmark decision provides LGBTQ+ employees across the nation protection from termination or other employment discrimination because of their LGBTQ+ status. The Supreme Court's decision resolved three cases: Altitude Express v. Zarda; Bostock v. Clayton County, Georgia; and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC. Justice Gorsuch delivered the opinion in which Justices Roberts, Ginsberg, Breyer, Sotomayor, and Kagan joined. Justice Alito filed a dissenting opinion, in which Justice Thomas joined. Justice Kavanaugh also filed a dissenting opinion. More ›

CDC Guidance Establishes the Bar for Workplace Safety and OSH Act Compliance Related to COVID-19

Throughout the COVID-19 pandemic, employers have had to keep abreast of evolving or incomplete government guidance, all while trying to discern for themselves the most prudent way to handle employee leaves, pay, workload, and safety.

The Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC) have now worked together to produce a "Guidance on Preparing Workplaces for COVID-19." This guidance is explicitly "advisory in nature" and "informational in content," and "not a standard or a regulation." Nevertheless, the guidance provides helpful information about how the agencies view the methodology of COVID-19 transmission, exposure risks and classifying worker exposure, and what to do to protect workers. The U.S. Department of Labor (DOL) provided similar advice in an April workplace poster. Efforts addressed include personal protective equipment (PPE), engineering controls (e.g. barriers), and administrative controls (e.g. monitoring, training, flexible hours, or telework). More ›