Posts by Audra Parton

NINTH CIRCUIT RULES USERRA REQUIRES PAID SHORT-TERM MILITARY LEAVE

In February, the Ninth Circuit Court of Appeals (Ninth Circuit) handed down a ruling that may change the way employers treat short-term leave for military service. In Clarkson v. Alaska Airlines, Inc., the Ninth Circuit held that that employers who provide paid short-term leave for reasons like sickness, bereavement, and/or jury duty must also pay […]

U.S. SUPREME COURT CONSIDERS UNDUE HARDSHIP STANDARD FOR RELIGIOUS ACCOMMODATIONS

On April 18th, the United States Supreme Court heard oral arguments in Groff v. DeJoy, a case in which the central question is what does undue hardship mean for religious accommodation in the workplace. Historically, the Equal Employment Opportunity Commission (EEOC) and courts have applied the de minimis standard to religious accommodation claims. However, if […]

SUPPORTING EMPLOYEES WITH TOXIC WORKPLACE TRAUMA

It’s the first day at your new job.  You aced the interview, got yourself some new work clothes, and are beyond excited to get started with your new position.  Your new boss is great, and you’re excited to meet your coworkers. Mid-morning, your boss sends you a message:  “Come to my office when you have […]

SPOTLIGHT: PUMP FOR NURSING MOTHERS ACT

On December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act or PUMP Act) was signed into law by President Biden as part of the Consolidated Appropriations Act 2023. The PUMP Act expands existing obligations to provide reasonable break time and a private space to express breast milk […]

SPOTLIGHT: FEDERAL PREGNANT WORKERS’ FAIRNESS ACT

Recently Congress passed the Pregnant Workers Fairness Act (PWFA). This new federal law will go into effect on June 27, 2023, and applies to all employers with fifteen (15) or more employees. Under the new law, employers are required to provide reasonable accommodations to employees and applicants who have known limitations related to pregnancy, childbirth, […]

THE NEWEST WORKPLACE TREND: BARE MINIMUM MONDAYS

Just as we all have started to understand what quiet quitting is and how to address it, we have a new workplace trend we must grapple with — Bare Minimum Mondays. What is that exactly? Think of Bare Minimum Mondays as quiet quitting’s slightly more ambitious cousin. While quiet quitting refers to doing the absolute […]

DRESSING FOR WORK IN 2023

“What are you wearing?” If you are going to work in 2023, the answers to this question may vary. Some of us are old enough to remember having to wear suits, heels and nylons to work, every day, for years. Personally, I led the fight at my workplace for casual Fridays and won, only to […]

NLRB ISSUES DECISION LIMITING CERTAIN PROVISIONS IN SEVERANCE AGREEMENTS

On February 21st, the National Labor Relations Board (NLRB) issued a new decision regarding severance agreements that effects both unionized and non-unionized workplaces. In McLaren Macomb, 372 NLRB No. 58 (2023), the NLRB ruled that employers may not offer severance agreements that require employees to effectively waive their rights under Section 7 of the National […]

SCOTUS SAYS OVERTIME DUE FOR EMPLOYEE MAKING MORE THAN $200K

The United State Supreme Court (SCOTUS) issued a 6-3 ruling that an offshore oil rig worker making more than $200,000 a year was not exempt from the Fair Labor Standards Act’s (FLSA) overtime pay requirements. Michael Hewitt worked for Helix Energy Solutions as a tool pusher, which the company classified as a highly compensated worker […]

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