The line of “Facebook firing” cases is growing longer every month. In October, the Seventh U.S. Circuit Court of Appeals upheld summary judgment in an unpublished opinion in which an individual claimed gender discrimination after he was fired from his job as a daycare center worker. According to the employer, the firing was based on
Jury awards damages to employee forced to care for teenaged son suffering from cancer.
In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one provision of the Americans with Disabilities Act (ADA) – the "association" provision – protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant or employee has a disability.
Employee’s failure to return from FMLA leave in a timely manner supports summary judgment for employer under the ADA.
In an unpublished opinion issued on October 8, 2013, the 5th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer on a claim under the Americans with Disabilities Act (ADA). The interesting – and somewhat unexpected – basis of the decision was the fact that the plaintiff/employee’s termination was based
What’s open (Mount Rushmore) and what’s closed (the IRS, e-Verify, and the OFCCP). Here’s the latest information.
Well, at least Mount Rushmore is open again, along with the Statue of Liberty and the Grand Canyon. But for most of the Administrative Agencies related to labor and employment, things haven’t gotten much better since last week, and the deadlock in D.C. continues. Here’s the latest information available:
Department of Labor (DOL)
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What’s happening out there? The effect of the government shutdown on its agencies.
“government shutdown” NLRB FTC FCC DOJ EEOC “contingency plans”
Continue Reading What’s happening out there? The effect of the government shutdown on its agencies.
Employee was awarded UC benefits after being fired for failing to repair or replace her inoperable automobile
On August 29, 2013, the Commonwealth Court of Pennsylvania – an intermediate appellate court – affirmed an Unemployment Compensation Board of Review (UCBR) decision that because an employee who was earning $9.00 an hour was unable to afford to pay for care repair or to buy another vehicle, the employee showed “good cause” for violating
Home healthcare workers to be protected under the FLSA. (Written by Patrick J. Fazzini, an associate in the Pittsburgh office of Ogletree Deakins.)
On Tuesday, September 17, 2013, the U.S. Department of Labor (DOL) issued a final rule extending the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to an estimated two million home health care workers. Scheduled to take effect on January 1, 2015, this amendment narrows the FLSA’s “companionship” exemption.
In 1974, Congress extended
NLRB’s new mobile app aims to educate public on NLRA rights.
The OFCCP’s “7% Solution” becomes effective.
According to its own website, the primary responsibility of the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), is to: “enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government.” In
WARN Act’s “unforeseeability” defense allows a reduction, but not elimination, of the required notification period.
The 11th U.S. Circuit Court of Appeals has determined that a casino which had instituted two layoffs that ultimately culminated in the closure of its facility violated the federalWorker Adjustment and Retraining Notification (“WARN”) Act by failing to provide notice to its former employees in a timely and appropriate manner. This liability was established