A recent decision by the 6th U.S. Circuit Court of Appeals seems to have sent many employers into a tailspin on whether and how often to allow employees to telecommute to fulfill job responsibilities. EEOC v. Ford Motor Company, 6th Cir., No. 12-2484, April 22, 2014. (FindLaw.com link.) However, at this point, it
Handbook’s prohibition on “negative comments” about team members found to have violated the NLRA.
Like many employers, Hills and Dales General Hospital’s employee policies included provisions prohibiting “negative comments” about fellow team members, and precluded engaging in “negativity or gossip.” The policies further included a requirement to represent the hospital within the community “in a positive and professional manner in every opportunity.”
Recently, a three-member panel of the National
Employee’s speculation related to basis of his firing is insufficient to support a claim of retaliation.
To prevail on a claim of retaliation under federal law, an employee must prove he or she engaged in a “protected activity” under an anti-discrimination statute, and subsequently suffered an adverse employment action. In addition, the employee must establish that the protected activity was “causally connected” to the employer’s adverse action.
The 4th U.S.
Interactive process is crucial element of analysis in disability discrimination cases.
Most employers recognize the fact that in addition to federal anti-discrimination laws, state and local laws – which often are more expansive – must be taken into account when making disciplinary and termination decisions related to protected individuals.
In a case decided under New York state laws, that state’s highest court reversed summary judgment for
Depressed employee’s vacation leave request did not qualify for FMLA protection.
The vacation request of an employee suffering from depression and anxiety did not qualify as a request for leave under the Family and Medical Leave Act (FMLA), said the 11th U.S. Circuit Court of Appeals. While the request might prove medically beneficial, it did not qualify for FMLA protection, as it did not include any
Secretary of Labor has been directed to update overtime regulations.
On March 13, 2014, President Obama signed a presidential memorandum which instructs the Secretary of Labor to update regulations regarding overtime protections. According to White House officials, and supported by a fact sheet issued on that same date, the President’s memorandum will change the overtime laws so that a number of new workers would
EEOC reacts to rise in number of religious discrimination charges filed.
Recently, the Equal Employment Opportunity Commission (EEOC) underscored its attention to religious discrimination claims by posting on its website two “technical assistance publications” on the subject. The first is a fact sheet that provides basic information about religious discrimination and includes information related to an employer’s obligation to accommodate workers’ religious observances in the workplace.
Staffing company is not liable for employee’s act of poisoning a coworker.
The increased use of staffing agencies to place employees into the workforce has led to a growing number of court decisions regarding the responsibility of such agencies for the actions of the individuals placed.
Recently, a California Court of Appeals granted summary judgment in favor of a staffing agency sued by an individual whose drinking
Physician not required to exhaust hospital’s administrative review process before suing hospital under state’s whistleblower statute.
California’s Supreme Court has ruled that a physician who reported concerns related to patient treatment and subsequently was fired did not have to first seek and obtain a mandamus judgment setting aside the hospital’s decision before suing the hospital in state court. Fahlen v. Sutter Central Valley Hospitals, Supreme Court of California, No. S205568, February
EEOC challenges employer’s 12-month maximum medical leave policy.
The U.S. District Court for the Northern District of Illinois denied a motion filed by United Parcel Service, Inc. (UPS) to dismiss a claim by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging the company’s leave policy. The challenged policy requires that employees “be administratively separated” from employment