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NLRB: Warning Coworker that Job is at Risk Inherently Protected Activity

Earlier this month, the National Labor Relations Board (NRLB) ruled that an employee who was fired after warning a co-worker his job was at risk had engaged in inherently protected activity and must be reinstated. The case,...more

Words Matter: D.C. Circuit Upholds (in part) NLRB's Ruling on Hyundai Handbook Policies

A recent opinion from the D.C. Circuit Court of Appeals, Hyundai Am. Shipping Agency, Inc. v. NLRB, illustrates the importance of word choice in handbook policies under the watchful eye of the National Labor Relations Board...more

NLRB Says Individual Gripes About Wages are "Inherently Concerted" Activity

Many employers consider it appropriate to discourage employees from discussing compensation with their coworkers. Particularly in non-unionized environments, employers may not think twice before disciplining employees for...more

OFCCP Issues Notice That Revises Pay Reporting Requirements for Federal Contractors

As part of President Obama's initiative to improve the working life of American families, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has issued a Notice of Proposed Rulemaking that...more

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

#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

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

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

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

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

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

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

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