March 2024

Artificial Intelligence Use Continues to Rise in Employment

As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment decision-making, as well as employee engagement. Intersection of Technology and Employment Law Throughout 2023, an increasing number of states and cities began limiting the […]

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Counting Travel Time as Approved FMLA Leave is Fact-Specific

Q.   An employee took a few days off to care for her ill mother. Due to flight delays, she’ll be returning to work one day later than expected. Will the last day missed be counted toward Family and Medical Leave Act (FMLA) leave? A.   Generally, travel time should be included as FMLA leave when it’s intertwined with

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Pandemic Didn’t Take Away Right to Discharge an Employee Who Violates Policy

In an unpublished opinion issued January 31, 2024, the U.S. 4th Circuit Court of Appeals (which covers employers in Maryland, North Carolina, South Carolina, Virginia, and West Virginia) dismissed a case without a trial in favor of an employer on disability-based discrimination and retaliation claims. The court reaffirmed previous findings by the U.S. Supreme Court

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Beware New NLRB Beartrap

The National Labor Relations Board (NLRB) recently expanded the reach of claims based on the protected concerted activity of employees. It prevents employers from retaliating against employees who protest the terms and conditions of employment. When I was a new lawyer at the NLRB, my first trial assignment was such a case. Let’s do a

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