Latest Employment News

SCOTUS Leaves In Place Denial Of Telework Accommodation In Response To New Mom’s Medically-Unjustified Request

On Monday, May 15th, the U.S. Supreme Court declined to hear an appeal from a former Georgia state worker, Nicole Owens, who challenged her employer’s decision not to grant her extended post-maternity leave telework. Owens worked for the Georgia Governor’s Office…

DOJ Down, But Not Out In Fight Against Worker Restrictions

So far, the Biden Administration has come up empty in its quest to eliminate restrictions on worker’s ability to change jobs.  From the administration’s perspective, non-compete and non-solicit agreements (and even some confidentiality agreements) unfairly limit a worker’s ability to…

EEOC Guidance on Discrimination Caused by Artificial Intelligence (AI)

Artificial intelligence (AI) is increasingly being used in all aspects of life and work, including in evaluating and hiring applicants. While AI can certainly be more efficient in recruiting, evaluating, and weeding through millions of resumes, this new technology can…

When is Travel Time Considered Work Time?

One of the most difficult areas of the Fair Labor Standards Act is determining whether travel time is considered work time that must be paid for. The following provides an outline of the enforcement principles used by the Wage and…

Appeals Court Rejects EEOC’s Challenge to Hospital’s Policy of Selecting the “Most Qualified Applicant”

We are often confronted with the question of whether the ADA obligates an employer to reasonably accommodate an employee with a disability by placing the disabled employee in a vacant position even though there are better qualified candidates. A March…

LMVT Mediation

Mediation is a process.  Most experienced lawyers get this; many litigants (even experienced ones) do not. The process can be slow and frustrating.  There’s a lot of down time to ponder what could be going on in the other room. …