Showing 4 posts in 4th Circuit Court of Appeals.
State Common Law Claims May Be Preempted By The Fair Labor Standards Act
A District Court Judge in the Eastern District of Pennsylvania recently ruled that the Fair Labor Standards Act (“FLSA”) preempted a plaintiff’s attempt to add state common law counts for breach of contract and unjust enrichment onto his statutory wage and hour claims. Formica v. US Environmental, Inc., (No. 18-459; July 11, 2018). The plaintiff alleged FLSA, Pennsylvania Minimum Wage Act, and Pennsylvania Wage Payment and Collection Law claims. More ›
In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim
The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two racial epithets – even if viewed as an isolated incident – may be sufficiently severe to support the existence of a hostile work environment. Second, the Court held that an employee possesses a reasonable belief of the existence of a hostile work environment – a prerequisite for a retaliation claim – if an isolated incident of harassment is physically threatening or humiliating, such as the two racial epithets at issue in this case. More ›
“Insomnia” Insufficient Basis for ADA and FMLA Claims
In this case, the attorney claimed that her employer's denial of her reduced-work-schedule request constituted both an unlawful failure-to-accommodate under the Americans with Disabilities Act (ADA) and unlawful interference with her right to take leave under the Family and Medical Leave Act (FMLA). More ›
Employer not Required to hire Independent Contractors to Accommodate Employee’s Religious Observance
The Fourth Circuit recently held that an employer did not have to hire independent contractors or take other action which would have been detrimental to other employees in order to accommodate the religious beliefs of one of its drivers. More ›
Topics
- #MeToo
- 100% Healed Policy
- 10th Circuit Court of Appeals
- 11th Circuit Court of Appeals
- 17200
- 1st Amendment
- 1st Circuit Court of Appeals
- 2015 Inflation Adjustment Act
- 2018 Withholding Tables
- 24-Hour Shifts
- 2nd Circuit Court of Appeals
- 3rd Circuit Court of Appeals
- 42 U.S.C. s. 1981
- 42 U.S.C. § 12203(b)
- 42 USC 1983
- 4th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- 62 USC 623
- 6th Circuit Court of Appeals
- 7th Circuit Court of Appeals
- 8th Circuit Court of Appeals
- 9th Circuit Court of Appeals
- A.A.R.P. vs. U.S. E.E.O.C.
- AB 1008
- ACA
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- accomodate
- ADA
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- ADAAA
- ADEA
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- Essential Employment Terms
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- Gay Rights
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- Genetic Information Nondiscrimination Act
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- Investigation
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- Job Applicant
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- Joint Control
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- Judicial Estoppel
- Klever v. Carefusion
- LAB s. 226.2
- Labor
- Labor Code
- Labor Dispute
- Labor Organizing
- Las Vegas
- lateral transfer
- Layoff
- Leased Employee
- Leave
- Ledbetter Act
- Legislation
- Lesbian Rights
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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
- Marital Discrimination
- Maryland Minimum Wage
- Massachusetts
- Massachusetts Equal Pay Act
- Massachusetts Pregnant Workers Fairness Act
- Massachusetts Supreme Judicial Court
- Massachusetts Wage Act
- Maternity Leave
- McDonnell Douglas
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- Media Mention
- Medical Condition
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- Military
- Military Duty
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- Minimum Wage
- Ministerial Exception
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- Minneapolis Sick and Safe Time ordinance
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- Misclassification
- Missouri
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- Mount Lemon Fire District v. Guido
- MSHA
- Multiple Sclerosis
- Narrow Construction
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- National Origin Discrimination
- Nebraska
- Negligence
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- New Jersey Law Against Discrimination
- New Moms
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- New York City
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- New York State Human Rights Law
- News
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- NJDOL
- NJLAD
- NLRA
- NLRB
- Non-Compete
- non-competition agreement
- 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
- Pension Plans
- Perceived Disability
- Permanent Replacement Employees
- Personnel Record
- PFL
- Picket
- Piece-rate
- Policies
- Policy
- 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
- Social Media Policy
- 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
- Students
- Subjectively Offensive
- Subpoena
- Substantial Relationship
- Supervisor
- Supervisors
- Supplemental Wages
- Supreme Court
- Tax
- Tax Cuts and Jobs Act
- Tax Implications
- Tax Reform Act
- Teenage Labor
- Temporary Employee
- Temporary Help Agency
- Temporary Schedule Change
- Temporary workers
- Termination
- Texas
- Texting
- Third Circuit
- Time Clock
- Time Records
- 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
- Transgender Rights
- Transitioning
- Transportation Industry
- Travel Time
- Trial
- Trump
- Trump Administration
- U.S. Citizenship and Immigration Services
- U.S. Department of Health and Human Services
- UCL
- Undocumented Workers
- Undue Hardship
- Unemployment
- Unfair Labor Practice
- Union
- Union Dues
- Union Organizing
- United States Supreme Court
- Unlawful Employment Practice
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- USCIS
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- Vacation Accrual
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- Verdict
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- Virginia
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- Wage and Hour
- Wage Order 7
- Wage Order 9
- Wages
- Waiting Period
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- Webinar
- Wellness
- Wellness Program Incentives
- Wellness Programs
- WFEA
- Whistleblower
- White House
- Willful and Repeat
- Wis. Stat. ch. 102
- Wisconsin
- Wisconsin Court of Appeals
- Wisconsin Fair Employment Act
- Withholdings
- Witness Statements
- Work Permits
- Work Restriction
- 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