The Legal Line®

EEOC Publishes New Workplace Poster

December 19, 2022

In late October, the United States Equal Opportunity Commission announced the release of an updated “Know Your Rights Workplace Poster.”  The new poster replaces the previous version of the notice titled the “Equal Employment Opportunity Is the Law”poster. Employers covered by Federal anti-discrimination laws, such as Title VII, the Americans with Disabilities Act and the … Read more

Here We Go Again: DOL Proposes Latest Revision to Independent Contractor Rule

October 28, 2022

On October 11, 2022, the DOL finally announced the publication of its proposed new rule.  And what was old is new again.  The proposed rule reverts back to an “economic reality test” for evaluating whether a worker is an independent contractor based on the “totality of the circumstances” of the worker/business relationship. It establishes a … Read more

Season of Change: Federal Appeals Court Recognizes Gender Dysphoria as Disability and NLRB Proposes New Joint Employer Rule

October 12, 2022

Federal courts and administrative executive agencies have recently made significant developments in the area of employment law.  In a matter of first impression by any Federal appeals court, the Fourth Circuit recently held that gender dysphoria constitutes a disability subject to the Americans with Disabilities Act (“ADA”).  The National Labor Relations Board (“NLRB”) also recently … Read more

Waiving Arbitration Does not Require Prejudice to the Other Party, Says USSC

June 9, 2022

On May 23, 2022, in a case called Morgan v. Sundance, the United States Supreme Court unanimously decided that a party can waive its right to arbitration even when its conduct has not prejudiced the other side.  In so holding, the USSC changed 1st circuit precedent which had for years required a showing of prejudice.  … Read more

EEOC Issues Guidance on Caregiver Discrimination

April 14, 2022

Federal employment discrimination laws do not prohibit employment discrimination based solely on an individual’s status as a caregiver.  But caregiver discrimination does violate federal employment discrimination laws, such as Title VII, the Americans with Disabilities Act of 1990, and the Age Discrimination in Employment Act, when it is based on another protected characteristic, like an individual’s … Read more

New Hampshire Supreme Court Says Employers Will Sometimes have to Grant Accommodation Requests to Use Medical Marijuana

February 14, 2022

Ever since New Hampshire legalized medical marijuana, employers have struggled with how to manage employees prescribed cannabis by their doctors.  There was concern that businesses might be violating the Federal Controlled Substances Act if they were perceived as permitting employees to use medical marijuana.  That is because the Controlled Substances Act characterizes pot as a … Read more

Supreme Court Blocks OSHA Vaccine/Testing Mandate

January 14, 2022

It is finally official.  After months of uncertainty, today the Supreme Court blocked the vaccine/testing mandate published back in November by the Occupational Health and Safety Administration (OSHA) to deal with what the agency perceived as workplace dangers caused by the ongoing COVID-19 pandemic. As a reminder, OSHA issued the nationwide “Emergency Temporary Standard” (ETS) … Read more

The Saga Continues with the So-Called Federal Employer Vaccine Mandate

December 30, 2021

After months of controversy and legal challenges in Court, many employers have to be asking:  where are we on the so-called Federal OSHA vaccine mandate?  The shorter answer is that we are still in limbo, but hopefully with a final answer coming shortly.  While we wait, employers should begin taking steps to comply with OSHA’s … Read more