Jun - 2022 -
24 June
R. Eddie Wayland

Viewpoint: FMLA denial not required to have violated employee’s rights

The 7th Circuit Court of Appeals has ruled that simply discouraging an employee from filing a FMLA request is enough to have violated the employee’s rights.

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10 June
R. Eddie Wayland

Office birthday party costs employer $450,000

Compliance with the Americans with Disabilities Act is a requirement for companies, and even honest mistakes can trigger violations.

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May - 2022 -
27 May
R. Eddie Wayland

Viewpoint: An update on federal arbitration changes

Changes in the field of arbitration are afoot and employers who utilize arbitration clauses need to stay up to date on these changes as they will impact the ability to arbitrate employee claims.

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13 May
R. Eddie Wayland

Viewpoint: Federal appellate court dismisses age discrimination claim as insufficient

A supervisor claimed he was fired because of his age. A court disagreed. For employers, though, it reinforces the need to properly train supervisors and employees on discrimination as a means of preventing it happening.

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Apr - 2022 -
29 April
R. Eddie Wayland

Viewpoint: Court finds employer had right to fire employee for issues found during FMLA leave

The 7th Circuit Court of Appeals has found that just because an employee is out on FMLA leave or has recently returned from FMLA leave, it does not mean an employer cannot terminate that employee for legitimate performance issues.

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15 April
R. Eddie Wayland

Viewpoint: NLRB sets its sights on independent contractor misclassification

A new complaint filed by NLRB could serve as a focal point in a revision of independent contractor rules.

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01 April
R. Eddie Wayland

Viewpoint: Federal court reinstates Trump-era DOL independent contractor rule

Whether it is appealed in court or not, it It is highly like that the Biden administration will now restart its efforts to have the recently reinstated Trump-era independent contractor rule withdrawn and replaced with a new, more restrictive rule less favorable to establishing independent contractor status.

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Mar - 2022 -
18 March
R. Eddie Wayland

Viewpoint: Supervisor’s willful violation does not absolve company from fine

A recent court decision serves as notice to all employers that OSHA violations, even when wrongfully and willfully encouraged by a supervisor, can still result in liability to the employer.

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08 March
R. Eddie Wayland

Viewpoint: Court win for California employers of short-haul drivers

California’s meal and rest break regulations are preempted by federal hours-of-service regulations, according to the courts, which means employers of short-haul drivers need not comply. (Photo: Jim Allen/FreightWaves)

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Feb - 2022 -
18 February
R. Eddie Wayland

Viewpoint: Biden’s NLRB, DOL seek to upend Trump-era labor laws

The National Labor Relations Board and Department of Labor are working to change labor laws enacted under the Trump administration to be more favorable to employees.

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04 February
R. Eddie Wayland

Viewpoint: An employer’s rights when faced with a strike

While the law guarantees the right of employees to strike, the law also places limitations and qualifications on the exercise of that right.

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Jan - 2022 -
21 January
R. Eddie Wayland

Viewpoint: Supreme Court’s decision to halt OSHA vaccine or test mandate a win for employers

The Supreme Court’s decision to halt enforcement of OSHA’s vaccine or testing mandate is a win for employers, but the final legality of the policy is still to be decided.

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06 January
R. Eddie Wayland

Commentary: A multimillion-dollar cautionary tale of diversity programs

While diversity programs can and should be a positive vehicle for promoting diversity in the workplace, employers should take time to review diversity programs and initiatives to ensure the clear communication and implementation of their programs.

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Dec - 2021 -
23 December
R. Eddie Wayland

OSHA delays enforcement of revived vaccination or weekly testing mandate

Currently, whether the recently revived vaccination or test mandate survives court scrutiny is still uncertain, and the Supreme Court will likely have the final say. For now, with compliance deadlines coming shortly after the start of the new year, companies need to start making preparations.

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21 December
R. Eddie Wayland

Viewpoint: Paid suspensions are not adverse employment actions, court rules

The 11th Circuit Court of Appeals determined that paid suspensions are a reasonable course of action pending employment investigations.

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03 December
R. Eddie Wayland

Commentary: Tennessee Supreme Court affirms decision blocking businesses from damaged goods claims

The Tennessee Supreme Court recently affirmed a Tennessee Court of Appeal’s decision that a corporation may not assert a damaged goods claim under the Tennessee Consumer Protection Act.

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Nov - 2021 -
12 November
R. Eddie Wayland

Biden’s OSHA vaccination mandate explained

While a federal appeals court has halted enforcement of the Biden administration’s COVID vaccine mandate, companies should familiarize themselves with the requirements regardless.

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03 November
R. Eddie Wayland

Account executive trainees seek FLSA class certification in wage suit against freight broker

Account executive trainees at a freight brokerage are seeking class action status in a lawsuit alleging they weren’t paid for overtime.

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Oct - 2021 -
20 October
R. Eddie Wayland

NLRB ready to play hardball with employers

The NLRB general counsel has marked out a proposed approach for aggressive enforcement and expanded potential remedies under the NLRA.

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Sep - 2021 -
22 September
R. Eddie Wayland

An employer’s ‘honest belief’ and good recordkeeping helps it win pregnancy discrimination lawsuit

An employer’s ‘honest belief’ and good recordkeeping helps it win pregnancy discrimination lawsuit.

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