On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit (covering Maryland, North Carolina, South Carolina, Virginia, and West Virginia) has become the first federal appellate court to find that gender dysphoria is covered by the Americans with Disabilities Act (ADA).[1] The decision came after a transgender woman sued Fairfax County for […]
Kitzer Rochel is proud to announce that Brian Rochel and Phillip Kitzer have both been selected as a Minnesota Super Lawyer in 2022. Attorneys are selected based on their professional accomplishments and leadership skills. Both Mr. Rochel and Mr. Kitzer are highly dedicated attorneys who practice on behalf of employees involved in a wide variety […]
We have discussed Long COVID here before. In an important article, NPR discussed the latest updates on Long COVID and its impact on workers. The article also discusses disability laws, such as the Americans with Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA), and how they interact with employees experiencing Long COVID. Long COVID […]
Employees and workers frequently ask who owns a smartphone that is used for work purposes. The answer is, it depends. Many companies provide mobile phones to employees for work-related use or cover the costs of personal phones as part of a benefit policy. Usually, the question of ownership doesn’t arise. However, if you find yourself […]
Employer-administered drug and alcohol testing in Minnesota is governed by the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA). If your employer or prospective employer requires you to take a drug or alcohol and you fail, you have certain legal rights. If you test positive, you must be given written notice of your […]
The National Employment Lawyers Association (NELA) held its Annual Convention in San Francisco, California from June 30 through July 3, 2022. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the workplace better for all Americans. The Annual Convention is […]
In May 2022, Phillip Kitzer, along with Jessica Roe, led a Continuing Legal Education (CLE) presentation titled, “Oh Henry! An Analysis of Adverse Employment Actions and Other Legal Issues.” The panel, hosted by the Minnesota State Bar Association (MSBA), discussed adverse employment actions, constructive discharge, and the Frieler affirmative defense in light of a recently […]
When you hear that Minnesota is an “at-will” employment state, you may wonder what that means for you as an employee. It simply means you can quit your job for any reason at any time, you do not have to give notice nor a reason to your employer for leaving your position. However, it also […]
After dealing with COVID-19 for over two years, many people who have dealt with the novel coronavirus are also dealing with longer term symptoms and they are not going away easily. This is known as “Long Haul COVID-19.” Long Haul COVID-19 is becoming more common and impacting the lives of many people. It causes many […]
On March 17, 2022 the Forced Arbitration Injustice Repeal Act of 2022 (“FAIR Act”) passed the U.S. House of Representatives and has been referred to the Senate Committee on the Judiciary. This bill makes pre-dispute arbitration clauses unenforceable in certain cases, including employment cases. A similar bill that makes pre-dispute arbitration clauses unenforceable in sexual […]
