Showing 14 posts from March 2015.

Wilting Under a White-Hot Spotlight, Saks Settles Transgender Case

March 5, 2015 by Hinshaw & Culbertson LLP

Saks Fifth Avenue has settled a transgender discrimination case in Texas that garnered the company much unwanted attention.  More ›

The Dangers of Reimbursing Employees for Individual Health Insurance Premiums — and the Limited Relief for Small Employers

March 3, 2015 by Anthony E. Antognoli

Prior to the passage of the Affordable Care Act ("ACA") in 2010, employers were able to reimburse their employees for the premiums those employees paid for individual health insurance. This long-standing practice was changed beginning in 2014 with the issuance of new guidance from the Internal Revenue Service and Department of Labor. Under that guidance, such "employer payment plans" are deemed to be noncompliant with the market reforms implemented under the ACA. The penalties for failure to comply with the market reforms can be severe — as much as $100 per employee, per day. More ›

Delivery Driver Loses Harassment Claim for Failing to Follow Complaint Procedure

March 2, 2015 by Hinshaw & Culbertson LLP

It's important for employees to follow company policy, but it's even more important for employers to have those policies in the first place. In this case, the Fifth Circuit dealt a harsh blow to an employee who complained, but complained to the wrong people. More ›

Eighth Circuit: Worker's Blood Pressure was not FMLA-Qualifying Condition Absent Multiple Visits or Supervised Treatment

March 1, 2015 by Hinshaw & Culbertson LLP

Kendrick Johnson was at work, and he had a headache so bad he felt like his head was going “to explode.” So he left his shift and went to a walk-in clinic. There, he received a prescription for blood pressure medication and a note stating that he was to remain off work for three days. Six days later, he was out of a job. Johnson sued his employer under the Family and Medical Leave Act (FMLA), alleging that he was denied leave to which he was entitled, which raised the obvious issue of whether he even had a “serious medical condition” under the law. The Eighth Circuit Court of Appeals answered that question last week, providing essential guidance for employers.  More ›

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