Employment Law

Something in the Air: Is a Negative Atmosphere a Hostile Environment?

Cynthia L. Effinger — Mon, 24 Aug 2026 05:00:00 GMT

Employers sometimes still grapple with the notion of what conduct supports a claim of a hostile work environment. The easy answer is generally the negative atmosphere must be sufficiently severe and pervasive, but it also must rise to the level of actual harassment of an employee or group of employees on the basis of a protected characteristic. In other words, negative workplace interactions alone aren’t enough to give rise to a hostile work environment claim without more. Recent decisions underscore this distinction enough to give employers at least a little relief over the kinds of employee conflicts that occur on a daily basis.

Employers: ADA Protections Begin at Onboarding

Cynthia L. Effinger — Mon, 24 Aug 2026 05:00:00 GMT

It’s easy to think about the Americans with Disabilities Act and its amendments as compliance matters once an employee is fully in the door. An employee requests an accommodation to perform a job, the employer initiates the interactive process, etc. With a recent federal lawsuit in EEOC v. ALM Freight, LLC & LMDmax Corp., the EEOC is sending a very clear message about when ADA protections begin, and employers should pay close attention.

SCOTUS Opens the Door to “Reverse” Discrimination

Cynthia L. Effinger — Tue, 10 Jun 2025 04:00:00 GMT

Employers expecting good news from a largely pro-employer Supreme Court have just been dealt an unexpected headache. In a rare unanimous opinion, the United States Supreme Court opened the door a little further to claims of “reverse” discrimination in the case of Ames V. Ohio Department of Youth Services. The Court removed the requirement that plaintiffs claiming reverse discrimination must prove their claims with additional background circumstances that were not required for a traditional discrimination claim.

The DOL's Final Overtime Salary Threshold Rule is Dead in the Water

Cynthia L. Effinger — Tue, 03 Dec 2024 05:00:00 GMT

Employers can now breathe a sigh of relief. The U.S. District Court for the Eastern District of Texas has struck down nationwide the Department of Labor's (DOL) Final Rule for raising the minimum salary threshold for employees exempt from overtime pay, also known as "white collar overtime exemption" or "EAP exemption."

FTC Ban on Noncompetes Struck Down

Cynthia L. Effinger — Thu, 29 Aug 2024 04:00:00 GMT

A Texas Court struck down the FTC's Rule banning noncompete agreements set to take effect on September 4th, 2024. The Court ruled that the FTC had overstepped its authority in implementing the Rule and further held that the Rule was overly broad because it provided no reasonable explanation for banning virtually all noncompete agreements.

It's Official: FTC Issues Final Rule Banning Non-Competes

Cynthia L. Effinger — Thu, 25 Apr 2024 04:00:00 GMT

In a stunning move the same day the Department of Labor issued a rule raising the overtime salary threshold, the Federal Trade Commission issued its own long-gestating rule banning noncompete clauses nationwide. Employers should begin reviewing their contracts immediately to understand how this sweeping change will affect their workforce.

Dogs and Horses and…Alligators? Oh My! How to Handle Service and Support Animals in the Workplace

Jason R. Hollon — Fri, 29 Sep 2023 04:00:00 GMT

Recently, a Philadelphia man made news when he and his “emotional support alligator” were denied entrance to the Phillies stadium. That decision may seem obvious, but in recent years, issues surrounding support and service animals have become more complicated, especially in the workplace.

Supreme Court Remodels Title VII Religious Accommodations in Groff v. DeJoy

Jason R. Hollon — Thu, 29 Jun 2023 04:00:00 GMT

For nearly 50 years, the common test of religious accommodation from the Hardison v. Trans World Airlines, Inc. case was that, if a religious accommodation required more than a de minimis cost, it was asking too much of an employer under Title VII. In Groff v. DeJoy, the Supreme Court of the United States decided that this standard needs a reset, and employers may be in for a few changes.

A Day in the Life Working from Home – What Time is Compensable?

McBrayer PLLC — Mon, 20 Feb 2023 05:00:00 GMT

Nearly three years after it suddenly became a necessity for many employees to work from home, it’s clear that teleworking isn’t going anywhere. Many employers have chosen to allow for remote or hybrid work arrangements—but in the “work from home” era, issues like timekeeping for non-exempt employees can get a little fuzzy. We’ll walk you through a teleworking employee’s day and give you the rundown on what is compensable time under the Fair Labor Standards Act (FLSA), what isn’t, and tips for making sense of it all.

Beat the Heat with a Workplace Safety Plan

McBrayer PLLC — Wed, 29 Jun 2022 04:00:00 GMT

This summer is proving to be another hot one in many parts of the country, which means the odds of workplace illnesses and injuries relating to excessive temperatures are much higher. In April, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program focused on addressing workplace heat hazards, which will entail OSHA conducting inspections to identify heat-related hazards in workplaces both indoors and outdoors. Employers should have a plan to avoid liability for heat-related illnesses and to be prepared should such an inspection occur.