Pro Tip: Employee Handbooks Should Avoid Contractual Language and Affirm At-Will Employment

By Lindsay H.S. Hesketh An October 12, 2018 Order from the District Court of Arizona reminds employers to include the appropriate “at-will” language and disclaimers of contractual intent in their employee handbooks. A former employee brought 11 claims against the employer, including a claim for wrongful termination in violation of an employment contract under Arizona […]

Get Your Story Straight!

By Alyssa Levy An employer’s facts in an investigation did not match those it reported to the EEOC in response to the same allegations. The employer created its own factual discrepancy, and based on the discrepancy, the 7th Circuit reversed the employer’s summary judgment.  In this case, the Plaintiff reported to Human Resources that a […]

ADA Failure to Accommodate Claim Requires Adverse Action

By Bill Wright The Tenth Circuit Court of Appeals has faced one of the least litigated issues under the ADA.  Is a failure to accommodate the restrictions of a disabled employee, itself, an adverse employment action?  Answer: no. Almost all ADA failure to accommodate cases arise when the employee is let go because he or […]

State Law Bars Conditioning Employment on Agreement to Arbitrate

By Bill Wright Recently, the Kentucky Supreme Court considered whether the Federal Arbitration Act (“FAA”) preempts a state law.  The FAA prevents states from setting higher standards for entering into or enforcing arbitration agreements than for contracts generally.  The Kentucky law at issue read: [N]o employer shall require as a condition or precondition of employment […]

STATE SENATE SUES EEOC?

By John Doran In a classic “man bites dog” story, the Florida Senate filed a federal lawsuit against the EEOC yesterday.  The suit seeks to kill an EEOC charge and administrative hearing alleging that a senator sexually harassed a legislative assistant.  While the actual dispute involves only a single senator, the entire Florida Senate was […]

Should Employers Keep Wage and Hour Records for Independent Contractors?

By Bill Wright The Department of Labor successfully stated a claim for record-keeping violations against a franchisor, because the franchisor failed to keep records on the hours worked by the specific individuals actually performing work under the franchise agreements.  Using a franchise agreement, a janitorial company engaged corporations – and only corporations – to provide […]