In Wirtes v. City of Newport News, the U.S. Court of Appeals for the Fourth Circuit held that under the Americans With Disabilities Act, “it is generally inappropriate for an employer to unilaterally reassign a disabled employee to a position the employee does not want when another…

Over the past several months, the U.S. Department of Homeland Security has worked with its interagency partners, U.S. Immigration and Customs Enforcement and the U.S. Department of Justice’s Immigrant and Employee Rights Section, to provide employers with updated guidance on acceptable receipts….

In Walker v. Fred Meyer Inc., the U.S. Court of Appeals for the Ninth Circuit partially reversed the U.S. District Court for the District of Oregon’s dismissal of the Fair Credit Reporting Act lawsuit, holding that Fred Meyer had failed to comply with FCRA’s “standalone” requirement by…

The U.S. Department of Labor has removed—without explanation—from its website Fact Sheet #84 addressing the compensability of time spent undergoing Covid-19 health screenings, testing, and vaccinations under the Fair Labor Standards Act. Apparently, DOL reconsidered its guidance after the U.S….

Prior to terminating an employee for poor performance, an employer should consider whether the employee has a history of positive evaluations or pay raises that could cast doubt on the employer’s claim that termination was for poor performance. Other factors that could affect or undermine a…

A new Tennessee law, effective March 11, expands protections for employees subject to employer Covid-19 vaccine mandates. The new law, which supplements an existing state law, indicates that “[a]n employer that requires a person to provide proof of vaccination or requires an individual receive the…

In Owens v. State of Georgia, Governor’s Office of Student Achievement, the U.S. Court of Appeals for the 11th Circuit addressed when an employer’s duty to provide a reasonable accommodation is triggered in a case involving an employee who provided a doctor’s note saying she “may,” not…

In Corkrean v. Drake University, the U.S. Court of Appeals for the Eighth Circuit held that the Family and Medical Leave Act does not insulate an employee from all attendance and performance issues. The case involved an employee with multiple sclerosis who worked for years without…

The U.S. Court of Appeals for the Seventh Circuit upheld the trial court’s granting of summary judgment in favor of the employer in a Family and Medical Leave Act case, finding that the employee failed to offer evidence to refute the employer’s suspicion that he provided false or misleading…