Showing 12 posts from May 2013.
Private Facebook Message not Concerted Activity Under NLRA
In this case, an employer terminated a medical office worker based upon a private Facebook message she sent to nine other current and former employees. The message contained derogatory comments about the employer but focused on one supervisor and another returning supervisor she disliked. The employee also expressed a desire to be terminated. No one copied on the message responded directly to the message content at issue. Another employee who received the message gave it to the employer. The employer terminated the author of the message on the grounds that it was obvious the employee no longer wished to work there and disliked the employer and, given these feelings, the employer was concerned about the employee’s interactions with patients. More ›
Sixth Circuit Upholds Michigan’s Public Act 53 Regulating Public School Union Dues
Michigan's Public Act 53 prohibits public-school employers from providing payroll deductions to collect union membership dues from public-school employees. A group of union and union members challenged the Act facially, alleging that it violated their federal constitutional rights. More ›
California Court Decertifies wage, Break Claims due to lack of Commonality
Home delivery newspaper carriers brought suit against the publisher for violations of the California Labor Code, arguing that they were not paid overtime wages, the proper minimum wage, and did not receive rest breaks, among other things. Specifically, the carriers claimed that they were improperly classified as independent contractors, though they were actually more akin to employees, and thus should have received the benefits of being an employee (such as receiving overtime wages). More ›
EEOC Alleges Employer Violated GINA by Requesting Family Medical Histories
On May 16, 2013, Equal Employment Opportunity Commission filed an action against a nursing home and rehabilitation facility, claiming violations of the Genetic Information Nondiscrimination Act of 2008 (GINA), the Americans with Disabilities Act (ADA), and Title VII of the Civil Rights Act of 1964. The EEOC claims that, among other things, the employer required applicants and employees to provide genetic information in response to questions about family and medical history, and that the employer lacked the requisite workplace postings specifying workers’ rights under the Act. Specifically, the EEOC contends that prospective and current employees were required to undergo medical examinations in order to be deemed fit to work, and during those examinations, the employees were asked for family medical histories which were then used to make adverse employment decisions to their detriment. More ›
California Court Finds Compensation Scheme does not meet Salary Basis test, Denies Exemption
The California Court of Appeals recently considered whether a compensation scheme which is based solely upon the number of hours worked, with no guaranteed minimum, may be considered a “salary” within the meaning of wage and hour laws. More ›
Third Circuit: Appointment of NLRB Member During Intrasession Break not Valid
In an ongoing and continuing discussion and battle concerning President Obama’s recess appointment of Craig Becker as a member of the National Labor Relations Board back in 2010, the Third Circuit Court of Appeals has weighed in, holding that the appointment was invalid, and that the board panel which included Becker therefore lacked a valid quorum. The Third Circuit Court of Appeals considered this issue because the Board issued a bargaining order to a nursing facility, which the facility claimed was invalid due to lack of quorum. More ›
Employer’s Required Fitness-For-Duty Exam did not Violate ADA
The employee worked as a customer service representative at a call center for the employer. He was responsible for monitoring the performance of frontline call center associates and regularly worked from home. More ›
Employee’s Need for time off for Medical Reasons does not Protect her from Termination
The Seventh Circuit Court of appeals recently affirmed summary judgment for the employer on an employee's ADA and FMLA claims. In this case, the employee was terminated after she was absent many times due to symptoms (and the ultimate diagnosis) of multiple sclerosis. She was unable to adhere to the company's attendance guidelines, was not eligible for leave, and could not perform the essential functions of her job (e.g., attendance) even with reasonable accommodation. More ›
Court Finds Epileptic Employee not "Qualified Individual" Under ADA or Missouri Law
A mammography technician with epilepsy had suffered numerous seizures at work. The technician suffered epileptic seizures unpredictably, and they caused her to lose orientation and muscle control, which led to falls and injuries. The risk of injury to the technician and patients was too great, and the employer placed her on paid administrative leave. The employer thereafter made various other accommodations in order to eliminate environmental triggers to her seizures. Though she returned to work, the seizures continued. Her continued seizures and failure to find a accommodation led to the employer placing the technician on unpaid administrative leave. Once she began taking medicine to help control her seizures, the employer offered to reinstate her, but she refused. More ›
D.C. Circuit Court Strikes down NLRB Posting Rule
The National Labor Relations Board (“Board”) had previously passed a rule that employers who were subject to its jurisdiction were required to post on their properties and websites a “Notification of Employee Rights under the National Labor Relations Act.” The posting basically advises employees of their rights to: More ›
Topics
- Older Workers
- New York Labor Law
- Opinion Letter
- Hours Worked
- Compensable Time
- Time Records
- Commuting Time
- Equal Pay for Equal Work
- Rest Period
- Wage Order 9
- 24-hour shifts
- ambulance attendant
- meal period
- off-duty rest
- premium wage
- Audit
- automobile sales exemption
- fair reading
- narrow construction
- job classification
- job classification audit
- Temporary Schedule Change
- Fair Workweek Law
- New York City
- Black Lives Matter
- 42 U.S.C. s. 1981
- disparate treatment
- Racial Discrimination
- Severe & Pervasive
- Objectively Offensive
- Subjectively Offensive
- Massachusetts Equal Pay Act
- MEPA
- Attorney General Guidance
- Comparable Work
- Salary History
- Salary Inquiries
- Pay Inquiries
- Self Evaluations
- Florida Civil Rights Act
- Opposition
- Unlawful Employment Practice
- Pregnancy Discrimination Act
- PDA
- Childbirth
- Trans
- Transitioning
- Sex Stereotyping
- 2nd Circuit
- equality
- Zarda v. Altitude Express
- FCRA
- Fair Credit Reporting Act
- Wisconsin Fair Employment Act
- WFEA
- Criminal Conviction
- Arrest Record
- Hiring Policy
- Substantial Relationship
- Protected Speech
- Anti-discrimination Policy
- Anti-harassment Policy
- Diversity
- Diversity Policy
- Social Media Policy
- Electronic Communication Policy
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- SCOTUS
- Securities Fraud
- Student Loans
- Gig Worker
- Gig Economy
- Employer-Employee Relationship
- Borello Test
- Employee
- Exclusive Remedy
- Wis. Stat. ch. 102
- Tort Liability
- Temp Employee
- Temporary Help Agency
- Leased Employee
- Claim for Compensation
- Negligence
- Sarbanes-Oxley Act
- Fraud
- Internal Complaints
- Form 300A
- Annual Summary
- Fines
- Willful and Repeat
- Serious Violation
- Other-than-Serious Violation
- 2015 Inflation Adjustment Act
- Students
- Interns
- Internal Revenue Service
- IRS Notice 1036
- Payroll
- Payroll Taxes
- Social Security
- Supplemental Wages
- Withholdings
- Tax Reform Act
- Tax Cuts & Jobs Act
- Income Tax
- 2018 Withholding Tables
- Joint Employment
- Browning-Ferris
- Right to Control
- Joint Control
- Essential Employment Terms
- Direct and Immediate
- California Family Rights Act
- Parental Leave
- Sexual Orientation Discrimination
- AB 1008
- Ban the Box
- Department of Economic Opportunity
- compliance audit
- ADA Interference
- 42 U.S.C. § 12203(b)
- 7th Circuit
- Disability Discrimination
- Union
- Union Organizing
- New York Paid Family Leave
- Paid Leave
- NY State Department of Taxation
- Serious Health Condition
- military duty
- Tax Implications
- PFL
- New York Average Weekly Wage
- Obama Administration
- Illinois Human Rights Act
- Emotional Distress
- Workplace bullying
- Extreme or Outrageous
- Salary test
- EAP Exemption
- State of Nevada v. US Department of Labor
- Family Medical Leave Act
- Incentives
- A.A.R.P. vs. U.S. E.E.O.C.
- employer sponsored
- Medical History
- mandatory
- Voluntary
- ACA
- San Francisco Parity in Pay Ordinance
- California Labor Code Section 1197.5
- Fiduciary
- Fiduciary Duty
- Professional Exemption
- Executive Exemption
- Outside Sales Exemption
- Computer Exemption
- Request for Information
- Highly Compensated Employees
- Secretary of Labor
- notice
- Domestic Violence
- California Labor Code
- California Labor Code s. 230.1
- Interactive Process
- Sexual Assault
- Stalking
- PTO
- Paid Time Off
- National Labor Relations Act
- Union Organizing
- Protected Concerted Activity
- Jefferson Standard
- Disparaging
- Labor Dispute
- 8th Circuit
- Vacation Pay
- Vested Rights
- Vacation Policy
- Vacation accrual
- Waiting period
- Pregnant worker protections
- M.G.L. Chapter 151B
- Massachusetts Pregnant Workers Fairness Act
- Employment Contract
- At-will employment
- only when rule
- Wisconsin Court of Appeals
- Department of Homeland Security
- U.S. Citizenship and Immigration Services
- USCIS
- Consular Report of Birth Abroad
- E-Verify
- Massachusetts Supreme Judicial Court
- handicap discrimination
- Drug Free Workplace Act
- Hawkins-Slater Medical Marijuana Act
- Rhode Island
- Hiring Practices
- Drug Free Workplace Policies
- Drug Testing
- Gender Nonconformity
- Sick Leave
- St. Paul, Minnesota
- Minneapolis, Minnesota
- Minneapolis Sick and Safe Time ordinance
- St. Paul Sick and Safe Time ordinance
- Child Labor Laws
- Minors
- Minor Employees
- Work Permits
- Street Trade Permits
- Restaurants
- Grocers
- Manufacturers
- Teenage Labor
- Department of Workforce Development
- DWD
- protected class
- protected activity
- Delaware
- pay gap
- compensation history
- Age Discrimination in Employment Act
- Public employers
- private employers
- federal government
- state government
- employer
- RIF
- Reduction in Force
- Circuit Split
- 11th Circuit Court of Appeals
- enterprise coverage
- goods vs. materials
- Aiding and Abetting
- conviction record
- New York State Human Rights Law
- NYSHRL
- Work Schedules
- Fast Food
- Retail
- Fair Workweek laws
- pension plans
- religiously affiliated employers
- church plans
- ERISA section 4(b)(2)
- statutory exemption
- Anti-Retaliation Rule
- Safety Programs
- Workplace Policies
- Injury and Illness Reporting
- Workplace Injury Reporting
- Electronic Reporting
- Salary inquiry
- pay history
- racial equality
- ethnic equality
- fair pay
- Health Insurance
- Patient Protection and Affordable Health Care Act of 2009
- Fairfax Memo
- American Health Care Act
- AHCA
- ObamaCare
- Trump Administration
- Employer Mandate
- Section 8
- marijuana
- SEC
- Securities & Exchange Commission
- age-based harassment
- disability-based harassment
- sex-based harassment
- sexual orientation-based harassment
- gender identity-based harassment
- Injuctive Relief
- final rule
- webinar
- workplace injury
- Occupational Safety and Health Administration
- Exempt Employee
- Trump
- republican
- administration
- Right to Work
- Affirmative Action
- EEO-1
- Fiduciary Rule
- minimum wage
- executive order
- eeo laws
- cook county
- Section 7
- Unfair labor practice
- strike
- collective bargaining
- permanent replacement employees
- burden shifting
- convincing mosaic
- evidentiary burdens
- bereavement
- unpaid leave
- confidentiality agreement
- employee handbook
- employer policies
- misappropriation
- defendant trade secrets act of 2016
- pay equity
- gender equality
- gay rights
- lesbian rights
- unemployment
- Tipped workers
- Illinois Minimum Wage Law
- Temporary workers
- Employee Benefits
- Penalties
- posting requirements
- constructive discharge
- Administrative Exemption
- Wellness Programs
- Americans with Disabilities Act
- Genetic Information Nondiscrimination Act
- Equal Employment Opportunity Commission
- department of labor
- Transgender Rights
- LGBTQ Rights
- administrative warrant
- Confidential Information
- trade secrets
- Unpaid Wages
- Title VII of the Civil Rights Act of 1964
- Labor Code
- Discrimination & Harassment
- interference
- Preemption
- National Labor Relations Board
- Shameless
- Criminal History
- LGBTQ
- Fair Labor Standards Act
- Medical Marijuana
- EEOC
- Arbitration
- Discrimination
- Agreements
- 9th Circuit Court of Appeals
- Disability & Medical Leave
- Expert
- Joint Employers
- wisconsin
- California Court of Appeal
- Media Mention
- Case Updates
- United States Supreme Court
- Fair Employment and Housing Act
- Opinion
- Independent Contractor v. Employee
- Removal
- Bankruptcy
- Judicial Estoppel
- Quid Pro Quo
- Freedom of Speech
- Exempt Status
- Picket
- Gender Bias
- Immigration
- H-1B
- News
- Affordable Care Act
- Collective Bargaining Agreements
- Eleventh Circuit
- First Amendement
- New Jersey
- Paid Sick Time
- Leave
- Eighth Circuit
- IRS
- Meal & Rest Break
- EEOC
- Nebraska
- Religious Discrimination
- Undue Hardship
- Arbitration
- 6th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- Hostile Work Environment
- New York
- Sexual Harassment
- ADA
- Anxiety
- Disability
- South Dakota
- ADEA
- OWBPA
- Settlement Agreement
- Texas
- Tenth Circuit
- California
- FMLA
- Estoppel
- Retaliation
- Benefits
- Wages
- Mandatory Arbitration
- ERISA
- Non-compete
- Age Discrimination
- Accommodation
- 9th Circuit Court of Appeals
- Electronic Communications
- Texting
- Second Circuit
- Tax
- Wage & Hour
- Class Action
- Ninth Circuit
- Privacy
- SCA
- FLSA
- Volunteers
- Discrimination
- GINA
- Title VII
- Massachusetts
- NLRA
- NLRB
- Bargaining
- Seventh Circuit
- Union
- Undocumented Workers
- Health Care
- Supreme Court
- HIPAA
- HHS
- Wellness
- Harassment
- Supervisor
- Burden of Proof
- Pregnancy Discrimination
- Pretext
- Internships
- PAGA
- Similarly Situated
- Termination
- Union Dues
- Class Certification
- Overtime
- Rest Breaks
- Exemption
- Third Circuit
- Fitness-For-Duty
- Multiple Sclerosis
- Labor
- Missouri
- D.C. Circuit
- Fourth Circuit
- CFAA
- Injunction
- First Circuit
- Collective Action
- Meal Breaks
- USERRA
- Federal Contracts
- OFCCP
- Employment Verification
- I-9
- Gender Discrimination
- Title IX
- CAFA
- California Supreme Court
- Legislation
- President Obama
- 42 USC 1983
- Failure to Accomodate
- Reasonable Accomodation
- Employment
- Hiring
- Sanctions
- Sixth Circuit
- Michigan
- Race Discrimination
- Florida
- Workers Compensation
- Corporations
- Standing
- 17200
- Statute of Limitations
- UCL
- Subpoena
- Fifth Circuit
- Travel Time
- Deaf
- Dues
- Class Waiver
- Ohio
- Witness Statements
- Military
- Illinois
- Virginia
- Wrongful Termination
- Religion
- DACA
- Investigation
- Independent Contractors
- Eavesdropping
- Dodd-Frank
- Whistleblower
- Severance
- FICA
- Rehabilitation Act
- Right-to-Sue
- Policies
- Social Media
- Loss of Consortium
- Oklahoma
- Pension
- MSHA
- Medical Examination
- Exhaustion of Remedies
- Election
- WARN
- Title VII Retaliation; Faragher/Ellerth
- Salespersons
- EPA
- Equal Pay Act
- Racial Harassment
- Cat's Paw
- National Origin Discrimination
- Partnership
- FEHA
- Medical Condition
- Background Checks
- Gender Identity
- Georgia
- Ministerial Exception
- FAA
- SSA
- Sex Discrimination
- Education
- Misclassification
- Choice of Law
- Policy
- SOX
- Public Records
- Personnel Record
- Documentation
- Gross
- McDonnell Douglas
- Complaints
- RICO
- Maternity Leave
- Regarded As
- Equal Protection
- ADAAA
- Ledbetter Act
- Recess Appointment
- White House
- California Employment
- Agreements
- Seperation
- DOT
- FMCSA
- Attorney's Fees
- Reporting Time Pay
- Split Shift Pay
- DOL
- Punitive Damages
- Injuries
- Restrictions
- Stock
- Trial
- Verdict
- Back Pay
- Polygraph
- Damages
- LMRA
- VEBA
- Layoff
- Civil Rights
- Defamation
- OSHA
- AMD
- HIV
- HR
- Bankruptcy Code
- Secretary Solis
- Marital Discrimination
- Las Vegas
- Federal Register
- PTSD
- Iraq
- Fourteenth Amendment
- Forum-Selection Clause