Showing 13 posts from August 2012.
Employee’s Spouse’s loss of Consortium Claim Barred by Workers’ Compensation Exclusivity Rule
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
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
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arbitrator's decision to significantly reduce the amount of withdrawal liability assessed against an employer that had withdrawn from a multiemployer pension plan was affirmed in a recent opinion from the Seventh Circuit.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
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
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
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
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
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
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
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 ›
Topics
- #MeToo
- 100% Healed Policy
- 10th Circuit Court of Appeals
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- 17200
- 1st Amendment
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- 2015 Inflation Adjustment Act
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- 42 USC 1983
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- 62 USC 623
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- Joint Control
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- Judicial Estoppel
- Klever v. Carefusion
- LAB s. 226.2
- Labor
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- Las Vegas
- lateral transfer
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- Leave
- Ledbetter Act
- Legislation
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- LMRA
- Los Angeles County CA Minimum Wage
- Loss of Consortium
- M.G.L. Chapter 151B
- major life activity
- Malibu CA Minimum Wage
- Mandatory
- Mandatory Arbitration
- Manufacturers
- Marijuana
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- Maryland Minimum Wage
- Massachusetts
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- Massachusetts Supreme Judicial Court
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- Maternity Leave
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- Ministerial Exception
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- Minneapolis Sick and Safe Time ordinance
- Minneapolis, Minnesota
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- Minor Employees
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- Missouri
- Montgomery County Maryland Minimum Wage
- Mount Lemon Fire District v. Guido
- MSHA
- Multiple Sclerosis
- Narrow Construction
- National Labor Relations Act
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- New York Average Weekly Wage
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- News
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- NJDOL
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- NLRA
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- Non-Compete
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- non-supervisory employees
- nonproductive time
- Notice
- Nursing Mothers
- NY State Department of Taxation
- NYSHRL
- Obama Administration
- ObamaCare
- Objectively Offensive
- Occupational Safety and Health Administration
- OFCCP
- Off-Duty Rest
- Off-the-Clock
- Ohio
- Oklahoma
- Older Workers
- On-Call Scheduling
- Only When Rule
- Opinion
- Opinion Letter
- Opposition
- Oregon Minimum Wage
- OSHA
- Other-than-Serious Violation
- Outside Applicants
- Outside Sales Exemption
- Overtime
- OWBPA
- PAGA
- Paid Leave
- Paid Sick Leave Law
- Paid Sick Time
- Paid Time Off
- Parental Leave
- part-time hours
- Partnership
- Pasadena CA Minimum Wage
- Patient Protection and Affordable Health Care Act of 2009
- Pay Equity
- Pay Gap
- Pay History
- Pay Inquiries
- Payroll
- Payroll Taxes
- PDA
- Penalties
- Pennsylvania Minimum Wage Act
- Pennsylvania Wage Payment and Collection Law
- Pension
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- Perceived Disability
- Permanent Replacement Employees
- Personnel Record
- PFL
- Picket
- Piece-rate
- Policies
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- Political Affiliation
- Polygraph
- Portland Maine Minimum Wage
- Posting Requirements
- Preemption
- Pregnancy Discrimination
- Pregnancy Discrimination Act
- Pregnant Worker Protections
- Premium Wage
- President Obama
- Pretext
- Preventative Care
- Privacy
- Private Employers
- Professional Exemption
- Protected Activity
- Protected Class
- Protected Concerted Activity
- Protected Speech
- PTO
- PTSD
- Public Employers
- Public Records
- Publicly-Held Corporations
- Punitive Damages
- qualified individual
- Quid Pro Quo
- Race Discrimination
- Racial Discrimination
- Racial Equality
- Racial Harassment
- Reasonable Accomodation
- Recess Appointment
- Reduction in Force
- Regarded As
- Rehabilitation Act
- Religion
- Religious Discrimination
- Religiously Affiliated Employers
- Removal
- Reporting
- Reporting Time Pay
- Republican
- Request for Information
- Respondeat Superior
- Rest Breaks
- Rest Period
- Restaurants
- Restrictions
- Retail
- Retaliation
- Retina Scans
- Rhode Island
- RICO
- RIF
- Right to Control
- Right to Work
- Right-to-Sue
- Rounding Policy
- Safety Programs
- Salary History
- Salary Inquiries
- Salary Inquiry
- Salary Test
- Salespersons
- San Francisco CA Minimum Wage
- San Francisco Parity in Pay Ordinance
- San Leandro CA Minimum Wage
- Sanctions
- Santa Monica CA Minimum Wage
- Sarbanes-Oxley Act
- SB 1300
- SB 1343
- SB 826
- SCA
- SCOTUS
- Seasonal Workers
- SEC
- Secretary of Labor
- Secretary Solis
- Section 7
- Section 7 of the National Labor Relations Act
- Section 8
- Securities & Exchange Commission
- Securities Fraud
- Self Evaluations
- Seperation
- Serious Health Condition
- Serious Violation
- Settlement Agreement
- Seventh Circuit
- Severance
- Severe and Pervasive
- Sex Discrimination
- Sex Stereotyping
- Sex-Based Harassment
- sexual and reproductive health decisions
- Sexual Assault
- Sexual Harassment
- Sexual Orientation Discrimination
- Sexual Orientation-Based Harassment
- Shameless
- Sick Leave
- Similarly Situated
- Social Media
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- Social Security
- South Dakota
- SOX
- Split Shift Pay
- SSA
- St. Paul Sick and Safe Time Ordinance
- St. Paul, Minnesota
- Stalking
- Standing
- State Government
- State of Nevada v. US Department of Labor
- Statute of Limitations
- Statutory Exemption
- STD prevention
- Stock
- Street Trade Permits
- strike
- Student Loans
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- Subjectively Offensive
- Subpoena
- Substantial Relationship
- Supervisor
- Supervisors
- Supplemental Wages
- Supreme Court
- Tax
- Tax Cuts and Jobs Act
- Tax Implications
- Tax Reform Act
- Teenage Labor
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- Temporary Help Agency
- Temporary Schedule Change
- Temporary workers
- Termination
- Texas
- Texting
- Third Circuit
- Time Clock
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- Tipped workers
- Title IX
- Title VII
- Title VII of the Civil Rights Act of 1964
- Title VII Retaliation; Faragher/Ellerth
- Tort Liability
- Trade Secrets
- Training
- Trans
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- Transitioning
- Transportation Industry
- Travel Time
- Trial
- Trump
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- U.S. Citizenship and Immigration Services
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- UCL
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- Undue Hardship
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- United States Supreme Court
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- USCIS
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- Willful and Repeat
- Wis. Stat. ch. 102
- Wisconsin
- Wisconsin Court of Appeals
- Wisconsin Fair Employment Act
- Withholdings
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- Work Permits
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- Work Schedules
- Workers Compensation
- Workplace Bullying
- Workplace Discrimination
- Workplace Injury
- Workplace Injury Reporting
- Workplace Policies
- Workplace Rules
- written release procedures
- Wrongful Termination
- Zarda v. Altitude Express