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Showing 13 posts from August 2012.

Employee’s Spouse’s loss of Consortium Claim Barred by Workers’ Compensation Exclusivity Rule

August 30, 2012 by Olga Simanovsky

The California Supreme Court recently found that an employee's spouse could not recover for loss of consortium in his civil employment action, even considering the "power press" exception to the Labor Code.  More ›

Rotational Employee Unsuccessful on FMLA Interference Claim Based upon Leave Calculations

August 29, 2012 by Linda K. Horras

Where employees do not work traditional work schedules, calculating leave under the Family and Medical Leave Act (FMLA) can be tricky.   More ›

Seventh Circuit Upholds Arbitrator’s Reduction of Withdrawal Liability

August 28, 2012 by Anthony E. Antognoli

An arbitrator's decision to significantly reduce the amount of withdrawal liability assessed against an employer that had withdrawn from a multiemployer pension plan was affirmed in a recent opinion from the Seventh Circuit. More ›

Sixth Circuit: Mine Operator not Required to Provide Temporary Reinstatement for Miner Pending Outcome of Individual Action

August 27, 2012 by Hinshaw & Culbertson LLP

The Sixth Circuit Court of Appeals recently provided insight on a matter of first impression in North Fork Coal Corporation v. Federal Mine Safety and Health Review Commission. The issue considered was whether the Federal Mine Safety and Health Act of 1977 (the “Mine Act”), as amended, 30 U.S.C. §§ 801–965, mandates that an employee's temporary reinstatement continue after the Secretary of Labor (“Secretary”) determines that his complaint lacks merit. More ›

Sixth Circuit Considers what Constitutes a “Medical Examination” Under ADA

August 23, 2012 by David Ian Dalby

In a matter of first impression before the Sixth Circuit Court of Appeals, the Court considered what the meaning of  “medical examination” is under the Americans with Disabilities Act (ADA). More ›

Ohio Court: Sensitivity to Perfume Gives Rise to ADA Claim

August 10, 2012 by Hinshaw & Culbertson LLP

An employee complains that co-workers' perfume use is exacerbating her asthma. She asks that a policy be enacted to restrict perfume usage in the office, or alternatively, to permit her to work from home. What do you do?  More ›

Employer’s “Honest Suspicion” of Misuse of FMLA Leave Defeats FMLA Interference and Retaliation Claims

August 7, 2012 by Hinshaw & Culbertson LLP

It's not uncommon for employers to suspect employees of misusing paid or protected leaves of absence. It is, however, quite uncommon that such misuse can actually be proven and ultimately serve as a defense for an employer in a subsequent lawsuit. Yet that's precisely what happened in Scruggs v. Carrier Corporation. More ›

NFL Player Denied Right to Workers’ Compensation Benefits in California

August 7, 2012 by Cheryl Wilke, Mellissa A. Schafer

Former professional football player Bruce Matthews was a 19 year veteran of the NFL who retired in 2002 when he was with the Tennessee Titans. In 2008, he filed a claim in California claiming a right to workers' compensation benefits, even though there was no specific injury in California. After the claim was filed, the Titans filed a grievance against Matthews arguing that the suit violated his employment contract which specifically provided that any workers' compensation claim would be governed by Tennessee law. Due to a binding arbitration clause in a collective bargaining agreement, the parties ultimately arbitrated the dispute. The arbitrator found the choice of law provision to be valid and controlling, and ordered Matthews to "cease and desist" with the filing in California. Subsequently, Matthews filed suit in federal court to vacate the arbitration award. The District Court denied his request and confirmed the Arbitrator's Award. More ›

Pregnancy Discrimination not Prohibited by Florida Civil Rights Act

August 6, 2012 by Cheryl Wilke

A Florida Court of Appeal recently determined that pregnancy discrimination is not prohibited by the Florida Civil Rights Act (FCRA).  More ›

Eighth Circuit: Police Officer Trainee not Limited to Title VII for Bringing Discrimination Claim

August 1, 2012 by Hinshaw & Culbertson LLP

In Hensley v. Sgt. Bill Brown et al., No. 11-2561, (8th Cir. July 25, 2012), a police-officer trainee claimed that while in the police academy, she was repeatedly subjected to sexually harassing comments, discriminatory actions, and physical assault by her male trainers. The trainers subsequently issued a memorandum which indicated that she would not be graduating from the academy. She then left the academy and was unable to become a police officer.   More ›

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