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Showing 5 posts from November 2018.

Employee May Proceed with Claim Her Employer Led Her to Believe She Could Take FMLA Leave Before She Qualified

Employers cannot force employees to take medical leave before they become eligible for FMLA leave. Nor can they lull an employee into believing they will be granted leave despite being ineligible, then terminate when they take leave. This seems like common sense, right? Hopefully so, but a recent Wisconsin district court case reminds us common sense does not always prevail in the workplace. More ›

U.S. Supreme Court Holds the ADEA Applies to All Public Employers

In a recent 8-0 decision, the U.S. Supreme Court upheld a Ninth Circuit Court of Appeals decision holding the Age Discrimination in Employment Act (ADEA) applies to public employers of any size. More ›

Department of Labor Removes 80-20 Tipped Work Rule

The federal Department of Labor’s Wage and Hour Division (WHD) provided updated guidance on its application of the “tip credit” rule for tipped employees who perform non-tip-generating tasks. More ›

Requesting an Accommodation After Violating a Work Rule Too Late Says Minnesota District Court

In a failure to accommodate claim under the Minnesota Human Rights Act (“the MHRA”), a federal judge granted summary judgment for the employer, finding the employee’s after-the-fact explanation of his misconduct was not a valid request for accommodation under the MHRA. More ›

Seventh Circuit Requires Trial of Respondeat Superior Claim Over Sexual Assault

In Zander v. Orlich, No. 17-2792, (7th Cir. Oct. 30, 2018), the U.S. Court of Appeals for the Seventh Circuit decided how to construe and apply Indiana state tort law regarding vicarious liability.  The plaintiff in Zander was sexually assaulted by Lake County Indiana Deputy Sheriff Orlich.

When Deputy Sheriff Orlich responded to a domestic disturbance call placed by Zander's husband, he directed Zander to leave the home where the disturbance was occurring and to stay at her second home. Orlich received permission from his supervising officer to take Zander to her second home, but the home's electric panel was dismantled in addition to a host of other problems. After Orlich turned on the electricity and water heater, he tried and failed to fix the furnace. While attempting to perform repairs, Orlich told Zander that she could not return to her home for several hours. Orlich then left Zander, but 10 to 15 minutes later he returned to where Zander was staying, removed his uniform, and sexually assaulted Zander.  More ›

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