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What legal issues are keeping you up at night?
We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.
Updates
Everybody Hurts: Rethinking the Material Harm Requirement in Employment Discrimination Claims
The Supreme Court recently heard the case of Muldrow v. City of St. Louis, a decision that could expand the scope of Title VII’s discrimination protections. With this case, the Court could expose all of an organization’s personnel decisions to legal scrutiny, not just those that pose a “materially significant disadvantage” to an employee.
Employers Face Increased Risk of OSHA Violations: Insights from the Solicitor of Labor’s 2023 Enforcement Report
The Department of Labor recently published the Solicitor of Labor’s (SOL) 2023 Enforcement Report, which provides insight into the Department’s initiatives and enforcement priorities for 2024. This year’s Enforcement Report shows that the Department and, specifically, the Occupational Safety and Health Administration (OSHA) will increasingly consider use of broader enforcement measures to hold employers (and individuals) accountable for workplace safety violations. This article outlines these potential measures and the pitfalls that employers should be wary of.
When Mental Health and Performance Management Collide: How Should an Employer Respond When an Under-Performing Employee Discloses a Mental Health Condition?
Lisa, one of your team’s sales representatives, has been a consistent performer during her first year with the company. She has proven herself to be detail oriented, personable with clients, and willing to assist her team to reach collective goals.
But in the past few weeks, something has changed. Lisa has been late for meetings with key targets, and has even missed a few altogether, with little or no explanation. She is often inexplicably absent in the afternoons, and distant with her team members. Several days ago, she even went on a public, expletive-laden rant in the office about a joint project. You call Lisa into your office to issue her a written disciplinary warning for her unprofessional outburst and recent poor performance, consistent with the company’s progressive discipline policy. During that meeting, she says that she has been suffering with depression, and it has been impacting her work in recent weeks.
What should the company do in response? Can it proceed with issuing the written warning? And what must it do going forward, given Lisa’s comments during her disciplinary meeting?
Attorney Spotlight
KC Lundy: Part of what makes the practice of labor and employment law unique and enjoyable is the constant evolution of applicable law, especially this past year in New York—from amendments under Section 5-336 of the New York General Obligations Law that prohibit common employer protections in release agreements to the anticipated “Freelance Isn’t Free Act.” And one of the most rewarding parts of my practice is supporting clients stay up to date on the law – appreciating what a daunting task it can be for employers to navigate every new obligation, especially when operating a business. From a brief phone call to updating form agreements or employee handbooks, these interactions allow clients to remain compliant with applicable law with ease and limited interruption to their day-to-day operations—it is a true partnership.
About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.