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Parental Leave Precautions

Last week, Coca-Cola announced that many new parents at the company (domestic non-bargaining employees) will soon be eligible for six weeks of paid leave. The benefits, which supplement existing short-term disability benefits...more

Georgia RFRA Vetoed

At a press conference this morning, Georgia Governor Nathan Deal announced that he will veto HB 757, the “Free Exercise Protection Act” that Georgia’s legislature passed less than two weeks ago....more

Class Averaging

The Supreme Court ruled today that Plaintiffs’ use of average donning and doffing times was proper and sufficient to affirm a $5.8 million judgment against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (Mar. 22,...more

GA “Free” Exercise

On Wednesday, the Georgia legislature passed the “Free Exercise Protection Act” (HB 757), which combines aspects of a proposed Pastor Protection Act and Religious Freedom Restoration Act. Many Atlanta-based companies and...more

Another Blow to Intern Test

The DOL’s six-factor test for determining “employee” status for interns or trainees under the FLSA took another blow last Friday, this time from the Eleventh Circuit in Schumann v. Collier Anesthesia, PA (11th Cir. Sept. 11,...more

DOL to Double Salary Test

The DOL released its long-awaited Notice of Proposed Rulemaking to update the salary requirements for the FLSA’s white collar exemptions (e.g., executive, administrative, and professional employees). Some highlights of the...more

DOL Releases Proposed Rule to Update FLSA’s Overtime Exemptions

As we announced in yesterday's blog post, the Department of Labor released its long-awaited Notice of Proposed Rulemaking that focuses on updating the minimum salary requirement for the Fair Labor Standard Act’s white collar...more

Unreasonably Sporadic Telecommuting

One year ago, we reported on the Sixth Circuit’s ruling that telecommuting could be a reasonable accommodation for a resale steel buyer at Ford suffering from irritable bowel syndrome. There, the employee requested to...more

Pregnancy Not So Favored

Are pregnant employees entitled to workplace accommodations under Title VII? Does it matter whether you offer light duty work to employees injured on the job? The Supreme Court has ruled on Young v. UPS and we still don’t...more

Alcoholism Still “Current” After 1 Week

A commercial truck driver’s week-old release from alcoholism treatment meant he had a “current” diagnosis of alcoholism. Jarvela v. Crete Carrier Corp., No. 13-11601 (11th Cir. Jan. 28, 2015). The employer required its...more

NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General...more

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

Court Sinks EEOC’s Broad Subpoena

Although the EEOC frequently attempts to expand its investigation of a charge far beyond a single complainant, some courts allow employers to defend against the agency’s broad subpoenas if the subpoenas are irrelevant to the...more

Hairdresser Pushes on to ADA Trial

A hairdresser in a nursing home had restrictions on pushing and lifting after a hysterectomy. Previously, plaintiff pushed wheelchair-bound residents to and from the beauty shop two days a week. When plaintiff notified the...more

DOL Hits Restaurant for $800k for Illegal Tip Withholdings

The Department of Labor continued its roundup of restaurants supposedly skirting wage and hour laws, recently reaching a settlement with a Texas-based restaurant for $650k in back wages and $150k in penalties to be split...more

Is Any Use of Medical Info Disparate Treatment?

If an employer administers a post-offer medical exam in accordance with the ADA and keeps the acquired medical information confidential in accordance with the ADA, may the employer then use the information without violating...more

Employer’s Accommodation Is Enough

A Dairy Queen appropriately accommodated an employee’s legal blindness, even though it imposed the accommodation unilaterally. In Bunn v. Khoury Enterprises, Inc., No. 13-2292 (7th Cir. May 28, 2014), the employer determined...more

EEOC Targets Another “No-Fault” Attendance Policy

On Friday, the EEOC filed a lawsuit against AutoZone targeting the company’s “no fault” attendance policy because of its negative impact on disabled employees requesting accommodations. The suit, EEOC v. Autozone, Inc., No....more

I Need a Vacation, Doctor’s Orders

Having a chronic serious health condition doesn’t entitle an employee to take leave whenever he chooses. Even if the leave would be medically beneficial, it has to correspond to a period of incapacity. In Hurley v. Kent of...more

3/27/2014  /  FMLA , Healthcare , Sick Leave , Vacation Leave

Risky Business: TPAs as Employers under the ADA

Last week, in Brown v. Bank of America et al., No. 1:13-cv-00367-JAW (D. Me. March 7, 2013), a federal district court in Maine refused to dismiss a Bank employee’s disability discrimination claims against a third party...more

Dramatic Changes Ahead for Overtime Laws

On Thursday, President Obama will instruct the U.S. Department of Labor to revise its overtime regulations implementing the Fair Labor Standards Act. The President’s plan will force employers to pay more overtime to millions...more

Restaurant Managers in Hot Water

Business owners are often sued personally in FLSA suits, but a recent case shows there’s a significant risk for restaurant managers, as well. In Jang et al. v. Woo Lae Oak, Inc., et al., No. 12-cv-00782, 2013 WL 6577027 (N.D....more

A WARNing for Related Entities

When are related entities part of one “employer” under the WARN Act? When they function as one employer. In Guippone v. BH S&B Holdings LLC et al., No. 12.183-cv, 2013 WL 6439354 (2nd Cir. Dec. 10, 2013), the 2nd Circuit...more

12/12/2013  /  DOL , Layoffs , Notice Requirements , WARN Act

In An Employee’s Shoes

How to avoid paying overtime and to evade pesky employment laws? Treat your workers as “independent contractors.” Print Problem solved. Or maybe not. An appellate court has reminded employers again about the costly...more

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