6 FAQs on Measles in the Workplace: What Employers Need to Know

On May 17, 2019, the Centers for Disease Control and Prevention (CDC) reported that 880 individual cases of measles had been confirmed in 23 states across the country in 2019. According to the CDC, the current outbreak of measles represents the greatest number of cases reported in the United States since 1994 and since the disease was declared eliminated in 2000.

I Hate My Boss: Sixth Circuit Shuts Down ADA Request for Less Stressful Boss

The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who claims he or she cannot perform the major life activity of “working” has to do more than prove a substantial limitation in working in a single specific job.

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for claims of intentional discrimination, jettisoning the commonly cited “nearly identical” and “same or similar” standards in favor of a test asking whether comparators are “similarly situated in all material respects.”

Blockchain and HR: What You Need to Know

You have probably heard the term “blockchain,” most likely in the context of Bitcoin. You have also probably seen splashy headlines suggesting that blockchain is the next game-changing technology that will upend the business world. This article will demystify blockchain technology and identify some of its potential applications for human resources (HR).

EEOC’s Proposed Changes May Lead to Increased Charge Activity and Subsequent Litigation

On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC’s charge processing and records systems, clarify the meaning and significance of a “no cause” determination, and delegate the issuance of dismissals to lower-level EEOC employees.

New Year, New Laws: Further Guidance on Complying With New York’s Anti–Sexual Harassment Laws

New York State and New York City passed sweeping laws aimed at combating sexual harassment in the workplace last year. While many requirements of these laws already went into effect in 2018, the annual anti–sexual harassment training requirement under the Stop Sexual Harassment in New York City Act goes into effect on April 1, 2019.

Working for the Weekend: Denial of Pay Premium Due to FMLA-Related Absences Does Not Violate the FMLA

On January 8, 2019, the U.S. District Court for the Eastern District of Arkansas issued an opinion and order granting summary judgment to an employer, finding the employer did not violate the Family and Medical Leave Act (FMLA) by discontinuing an employee’s shift differential due to absences necessitated by FMLA leave.

1 More Hour of Sleep but 4 More Wage and Hour Problems as Daylight Saving Time Ends

On Sunday, November 4, 2018, at 2:00 a.m., daylight saving time will end. This World War I–era practice of turning back the clock one hour in the fall became a federal law in the United States when President Lyndon Johnson signed the Uniform Time Act in 1966. The jury is still out on whether “falling back” is beneficial. Claims that it helps to conserve energy are dubious. Most people probably don’t get an extra hour of sleep that night. And, the time change doesn’t actually increase the number of hours of sunlight per day. However, it does present a good opportunity for employers to examine their timekeeping practices with regard to nonexempt employees.

Hurricane Preparedness and Response for the Restaurant Industry

As residents and employers on the East Coast are aware, Hurricane Florence is expected to make landfall shortly. This type of disaster can take a toll on businesses in the affected areas, from property damage to employee safety complications. Employers in the restaurant industry face a unique set of potential issues before, during, and after a disaster like a hurricane.

Is Your Company Ready for Hurricane Florence? A One-Stop Resource for Employers Dealing With Disasters

The National Hurricane Center has stated that Hurricane Florence, which is classified as a Category 4 storm, may hit the East Coast as early as Thursday, September 13. As a result, residents of North Carolina, South Carolina, Virginia, and the surrounding areas are preparing for 130 mph winds, floods, and heavy rains (and in some cases, evacuating the affected areas).  Businesses with operations or employees in those areas could also be affected by power interruptions, disrupted communications, and transportation difficulties—in addition to concerns over their employees’ safety.

Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity

Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s employment. But where is the line on what can constitute actionable harassment when the alleged harasser is a nonemployee with diminished capacity?

Can Your Employees Think on Their Feet? Analyzing the Standing Desk Trend Through the Lens of the ADA

In 2013, the American Medical Association adopted a policy against sedentary behavior and encouraged employers to offer their employees fitness balls and standing workstations in order to promote a healthier work environment. Many employers across the country embraced this trend and allowed employees to alter their workstations by using standing or sit-stand desks. According to a 2017 survey by the Society of Human Resource Management, standing desks are the fastest-growing benefits trend.