The 7th Circuit Court of Appeals has ruled that simply discouraging an employee from filing a FMLA request is enough to have violated the employee’s rights.

Compliance with the Americans with Disabilities Act is a requirement for companies, and even honest mistakes can trigger violations.

Changes in the field of arbitration are afoot and employers who utilize arbitration clauses need to stay up to date on these changes as they will impact the ability to arbitrate employee claims.

A supervisor claimed he was fired because of his age. A court disagreed. For employers, though, it reinforces the need to properly train supervisors and employees on discrimination as a means of preventing it happening.

The 7th Circuit Court of Appeals has found that just because an employee is out on FMLA leave or has recently returned from FMLA leave, it does not mean an employer cannot terminate that employee for legitimate performance issues.

A new complaint filed by NLRB could serve as a focal point in a revision of independent contractor rules.

Whether it is appealed in court or not, it It is highly like that the Biden administration will now restart its efforts to have the recently reinstated Trump-era independent contractor rule withdrawn and replaced with a new, more restrictive rule less favorable to establishing independent contractor status.

A recent court decision serves as notice to all employers that OSHA violations, even when wrongfully and willfully encouraged by a supervisor, can still result in liability to the employer.

California’s meal and rest break regulations are preempted by federal hours-of-service regulations, according to the courts, which means employers of short-haul drivers need not comply. (Photo: Jim Allen/FreightWaves)

The National Labor Relations Board and Department of Labor are working to change labor laws enacted under the Trump administration to be more favorable to employees.

While the law guarantees the right of employees to strike, the law also places limitations and qualifications on the exercise of that right.

The Supreme Court’s decision to halt enforcement of OSHA’s vaccine or testing mandate is a win for employers, but the final legality of the policy is still to be decided.

While diversity programs can and should be a positive vehicle for promoting diversity in the workplace, employers should take time to review diversity programs and initiatives to ensure the clear communication and implementation of their programs.

Currently, whether the recently revived vaccination or test mandate survives court scrutiny is still uncertain, and the Supreme Court will likely have the final say. For now, with compliance deadlines coming shortly after the start of the new year, companies need to start making preparations.

The 11th Circuit Court of Appeals determined that paid suspensions are a reasonable course of action pending employment investigations.

The Tennessee Supreme Court recently affirmed a Tennessee Court of Appeal’s decision that a corporation may not assert a damaged goods claim under the Tennessee Consumer Protection Act.

While a federal appeals court has halted enforcement of the Biden administration’s COVID vaccine mandate, companies should familiarize themselves with the requirements regardless.

Account executive trainees at a freight brokerage are seeking class action status in a lawsuit alleging they weren’t paid for overtime.

The NLRB general counsel has marked out a proposed approach for aggressive enforcement and expanded potential remedies under the NLRA.

An employer’s ‘honest belief’ and good recordkeeping helps it win pregnancy discrimination lawsuit.

The California Supreme Court recently addressed what the proper rate for paying missed meal, rest, and recovery periods is under California state law. And for employees, it’s a financial win.

A court decision on driver hiring did not remove restrictive covenants, but it does highlight the need for trucking companies to review any covenants they have related to advances on driver training costs.

An appeals court has reinstated a disability lawsuit claim involving a police officer, but the decision serves as a cautionary tale for many industries, including trucking.

A trucking company mishandled an employee’s harassment complaint, leading to a termination and ultimately a large jury award against the company.

The Court of Appeals for the 8th Circuit recently ruled in favor of an employer that denied additional time off as an accommodation under ADA and FMLA rules.

Employers have been given a procedural ally in fights against EEOC charges – namely that the employee must adhere to a ADA exhaustion rules. However, employers still need to deal with and act appropriately when faced with accommodation requests under the ADA.

The United States District Court for the Eastern District of Virginia recently determined that an employer could use an employee’s prior salary as a factor in setting the employee’s starting […]

The Department of Labor has issued new guidance on the Families First Coronavirus Response Act that may not require companies to offer paid leave in certain situations.

Attorney R. Eddie Wayland answers many of the questions that have arisen from the passage of the Families First Coronavirus Response Act, including whether all companies need to comply.

President Trump has signed the Families First Coronavirus Response Act into law, which requires many employers to provide paid leave and expands FMLA for many employees.