Author: Steve Jones, Jack Nelson Jones, P.A.

misclassification

Determining Independent Contractors: Sometimes the Government Loses

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]

Where’s the Harm? Court Splits on Title VII Liability for Lateral Transfers

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving additional harm, such as a change in pay or benefits. Though circuit courts are split […]

Ugh, We Didn’t Think Like That: Cognitive Dissonance in Litigation

Litigation is hard, complicated, and always surprising. It can be very difficult for an organization to plan for the business issues that litigation brings. But no matter how many times you have dealt with litigation, some things seem to take businesses by surprise every time. These are all issues that are worth discussing with your […]

DOL Explains Expanding FMLA Leave to Care for Mental Health Conditions

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions, such as heart attacks or surgeries. The application of FMLA protection for mental health conditions is more nuanced, however. Mental health conditions are increasing worldwide. According to the World Health […]

Considerations When Employees Pronounce Their Pronouns in Email Signatures

He/him. She/her. They/them. With increasing public attention over the past few years to the topics of gender identity, gender fluidity, and the rights of transgender individuals, it has become more common for people to make their pronoun preferences known to others. In the electronic world, these disclosures commonly occur in social media profiles and, most […]

Employer-Provided Abortion, Travel Benefits: An Overview of Legal Considerations

In the wake of the United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many companies have announced plans to assist employees in accessing abortion services, including providing travel assistance to employees located in states where abortion is now illegal. There are important legal considerations for employers to weigh when considering whether […]

Court Restores Accommodation Claim for Employee with Pending Leave Request

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]

Don’t Worry, Be Happy? 3 Ways to Help Employees Find Fulfillment

I can’t quite get Bobby McFerrin’s 1988 song out of my head (by the way, I added the question mark for reasons I will get to in a minute) since reading a May 12, 2022, article in the Wall Street Journal, “Confessions of Your Company’s Chief Happiness Officer” by Callum Borchers. Let my opinion be clear […]

Lessons on Accommodating Anxiety Disorders

“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know Leslie Knope lives for birthdays, but her boss, Ron Swanson, hates them. In one episode, Leslie pranks Ron by pretending to plan an elaborate birthday party for him, and he has a meltdown. The […]