Kathryn Hinton

Kathryn Hinton

Baker Donelson

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Knock Knock, Who's There? The DOL Announces Renewed Focus on On-Site FMLA Investigations

In April 2014, new FMLA Branch Chief Helen Applewhaite shed some light on the DOL's current enforcement initiatives. In particular, Applewhaite reiterated the DOL's renewed focus on conducting on-site compliance...more

6/9/2014 - Chief Compliance Officers Corporate Counsel DOL EEOC Employee Handbooks Employer Liability Issues Employer Mandates Employment Policies Enforcement FMLA Investigations

#WWJD? EEOC Provides Guidance on Religious Accommodation

Last week, the EEOC issued specific guidance for employers regarding religious accommodation under Title VII. Entitled "Religious Garb and Grooming in the Workplace: Rights and Responsibilities," the guidance focuses on the...more

3/14/2014 - Abercrombie & Fitch EEOC Religion Religious Clothing Religious Discrimination Title VII Workplace Attire

Vegas and the FMLA: 7th Circuit Creates Split on FMLA Leave Issue

On January 30, 2014 the Seventh Circuit Court of Appeals held that an employee's trip to Las Vegas with her terminally ill mother qualified as FMLA leave, affirming the decision of the district court in Ballard v. Chicago...more

2/14/2014 - Caregivers FMLA Paid Leave Unpaid Leave

Sixth Circuit Holds General Contractor Can Be Liable in Discrimination Suit Brought by Sub-Contractor's Employees

The Sixth Circuit Court of Appeals recently reversed a district court's ruling granting summary judgment to a general contractor on the question of whether it could be held liable to its sub-contractor's employees as a joint...more

1/17/2014 - Adverse Employment Action Construction Workers Contractors Employee Definition Harassment Racial Discrimination Retaliation Subcontractors Title VII

More Rulings Coming on Legality of Intern Programs

In recent years, a wave of lawsuits brought by unpaid interns seeking compensation for their work has spurred businesses to take a hard look at their internship programs to ensure they are compliant with federal and state...more

12/13/2013 - Class Action Class Certification FLSA Minimum Wage Over-Time Unpaid Interns

Paternity Leave Policy Comes Under Scrutiny

In October 2013, a CNN reporter filed an EEOC charge against CNN's parent company, Time Warner, Inc., alleging that Time Warner's parental leave policy is unlawfully discriminatory. According to the claimant, Josh Levs, Time...more

11/13/2013 - EEOC Gender Discrimination Paternity Time Warner Title VII Unpaid Leave

Is the "Like" Button Becoming a Constitutionally Protected Activity?

On September 18, 2013, the Fourth Circuit Court of Appeals ruled that an employee's act of clicking the "Like" button on Facebook constitutes speech protected by the First Amendment. This ruling signals an extension of...more

10/17/2013 - ALJ Facebook First Amendment Free Speech NLRB

Employer's Use of Spreadsheet Categorizing Employees by Race Supports Plaintiff's Discrimination Claim

An employer's use of a spreadsheet categorizing employees in part by race doomed its attempt to obtain summary judgment on a former employee's race discrimination claims in the case of Fuller v. Edward B. Stimpson Co., Inc.,...more

9/13/2013 - Discrimination Employee Rights Employer Liability Issues Racial Discrimination Summary Judgment Termination

Eleventh Circuit Declines to Impute Supervisor's Knowledge of Misconduct to the Employer

On July 24, 2013, the Eleventh Circuit joined several other courts of appeal in declining to allow the Secretary of Labor to lay blame for a supervisor's knowledge of his own misconduct to his employer in establishing a prima...more

8/15/2013 - Actual or Constructive Knowledge Employer Liability Issues Liability OSHA Supervisors Willful Misconduct

Obesity as a Disease: Accommodation Required?

Last month, the American Medical Association (AMA) adopted a new policy recognizing obesity as a disease. As approximately one in three Americans qualifies as obese, the AMA's newly adopted approach to this epidemic likely...more

7/16/2013 - ADA ADAAA American Medical Association DSM EEOC Harassment Obesity

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