The Iowa Supreme Court has ruled that Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions. Other aspects of the ordinance, however, remain legal and enforceable. The case is Iowa Ass’n of Bus. & Indus. v. City of Waterloo, Case No. 20-0575,
Out-of-State Employer Must Comply with Montana Wrongful Discharge Act, Montana Court Rules
Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific issues for employers to consider if they have employees who work in Montana, even if those employees live in, or are based out of, another
Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules
Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the relatively short period of her employment. Munoz v. Adventure Lands of America, Inc., 2021 BL 37057 (Iowa Ct. App. Feb. 3, 2021).
2021 Is Here: Time for Your Annual Employment Law Compliance Checkup
The year 2020 is finally behind us! We might not be able to breathe a sigh of relief just yet but the beginning of a new year is still a good time to pause and review your labor and employment law compliance for the year. COVID-19 is still with us and demanding our attention but
Employer Fitness for Duty Policy Survives Disability Discrimination Claim
A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed to prove that his employer (the railroad) violated the ADA when it required him to undergo a “fitness for duty”
2018 New Year’s Resolutions For Lowering the Risk of Employment Litigation
When Jackson Lewis litigation attorneys looked back at cases, trials, and verdicts from the past year, we observed how companies can make themselves less of a target for claims. Below are some New Year’s resolutions that can help lower the risk of employment litigation:
- Train managers. Train employees. Keep a record of the training, including