Alabama News & Analysis

Two weeks before an employee went on leave for COVID-19-related reasons, her employer made the decision to terminate her. She later sued the company for retaliation under the Emergency Paid Sick Leave Act (EPSLA). But the U.S. District Court for the Southern District of Florida recently granted the employer's request for summary judgment (dismissal without a trial) because it couldn't have known she was taking leave for virus-related reasons, and she failed to establish but-for causation. As the pandemic continues, read on to learn how you can limit your exposure to such claims.

If you are found to have discriminated against, harassed, or retaliated against an employee in violation of Title VII of the Civil Rights Act of 1964, you may be liable for back pay (the difference between what an employee was paid and the amount he would have been paid if not for the employer's actions), and in some cases, front pay (the future earnings he would have received). But you can also be liable for additional amounts, and your early assessment of potential liability can often dictate the path you take when facing a claim.

Those of you who have watched the National Labor Relations Board (NLRB)—the nation's primary enforcer of labor law—over the years no doubt expect it to reshuffle its priorities when the White House changes parties. The Board swore in Jennifer Abruzzo as its new general counsel (GC) on July 22, 2021, and three weeks later, she released an internal memorandum blueprint for changes to the law she would like to see the agency implement.

As fall settles in, it's time to think about the upcoming holiday season. But the continuing pandemic makes it hard to plan. Will it be safe to party in person this year? Is it OK for vaccinated coworkers to gather for food, drink, and other merriment? Perhaps an alternative activity such as the Zoom parties some organizations threw last year are more appropriate. Or maybe a nice gift basket delivered to employees' homes would be a better option.