Insights

An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the employer do?

One of the cornerstones of the current administration’s platform has been to “encourage and incentivize union organizing and collective bargaining” and to do so by “appoint[ing] members to the NLRB who will protect, rather than sabotage, worker organizing, collective bargaining, and workers’ rights to engage in concerted activity.”

For employers covered by the Federal Age Discrimination in Employment Act, it is unlawful to discriminate against employees who are over 40. Learn more here.

In a case decided last week (Van Buren v. United States), the Supreme Court held that persons who were authorized to access computer files do not necessarily violate the CFAA by accessing the information for a purpose that exceeds their authority.

What’s happening to the at-will employment doctrine? The at-will doctrine has been the bedrock of employment law in the United States, guaranteeing management the right to pick its team.

An unfortunate byproduct of the COVID-19 pandemic is terminations. Many employers who have the resources provide a cushion in the form of severance pay. It is prudent to seek a release of claims in exchange for the payment of severance and critical to have the right form of release agreement. Note that there might be state-specific requirements.

The National Labor Relations Board (NLRB) has modified its union representation regulations, again reminding organized labor that what the Democrats gave, the Republicans can take away.

The statutory history indicates that Congress did not mandate coverage for outside salespersons because these workers are often highly paid and receive generous benefits.

According to the Centers for Disease Control and Prevention (CDC), approximately 40 percent of U.S. adults are obese.The question arises as to whether those 40 percent of us who have a BMI of 30 or more have a disability under the ADA and state law and, if so, how should employers treat employees who are obese. <BR>