Title VII does not include “care-giver” as a separate category for purposes of protection against discrimination. However, in a decision involving the failure to promote a woman with four young children, the 1st U.S. Circuit Court of Appeals has reminded us that one important premise of Title VII’s gender discrimination provision is that “women have
March 2009
FMLA allows an employer to base termination on performance problems discovered during an employee’s leave.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act allows individuals to take unpaid leave from work and requires that in most cases, such individuals be returned to their prior position or an equivalent one upon return from the leave. The 7th U.S. Circuit Court of Appeals has clarified that requirement, and has held that when an employer…
Shutdowns may have an impact on employees’ FLSA-exempt status.
By Maria Danaher on
Posted in FLSA
Many companies affected by the current economic downturn are searching for ways to help weather that storm. Occasional reduction in work hours, implementing mandatory vacations, or instituting short-term furloughs can help an employer to retain experienced employees, while allowing the company to achieve cost savings in this time of economic crisis. The Department of Labor…
Enforceability of employer’s prohibition on firearms rests primarily on state law.
By Maria Danaher on
Posted in Weapons in the workplace
Last month, the 10th U.S. Circuit Court of Appeals determined that Oklahoma laws supporting the right of individuals to possess firearms in locked vehicles on company property are not preempted by the federal Occupational Safety and Health Act, and therefore are enforceable. That decision rested on the facts that the Oklahoma state statutes were instituted…
Employer cannot withdraw recognition of union during protected certification year
By Marla Presley on
Posted in NLRA
The 9th U.S. Circuit Court of appeals has held a Washington state medical center in violation of federal labor law for withdrawing recognition of a union during a protected certification period. Virginia Mason Medical Center v. NLRB, 9th Circ., No. 07-73851, Feb. 25, 2009.
Once a labor union is certified as the exclusive bargaining…