Kelly Kindig

Kelly Kindig

Ballard Spahr LLP

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DOL Extends FMLA Protection to Same-Sex Spouses

The U.S. Department of Labor (DOL) recently issued a final rule amending its definition of “spouse” under the Family and Medical Leave Act (FMLA) to extend FMLA protection to legally married employees with same-sex spouses,...more

2/27/2015 - DOL DOMA Employer Mandates Final Rules FMLA Same-Sex Marriage US v Windsor

Employers Must Be Cautious in Addressing Ebola Concerns

Neither the U.S. Equal Employment Opportunity Commission nor the Centers for Disease Control has issued any specific guidance for employers to deal with Ebola issues. With multiple Ebola cases diagnosed in the United States...more

10/29/2014 - ADA Ebola Employer Liability Issues FMLA Title VII Workplace Safety

Federal Court Finds No Willful Violation for Misclassification of Mortgage Loan Officers

A federal court in Oklahoma delivered another blow to claims by mortgage loan officers that they are entitled to overtime under the Fair Labor Standards Act (FLSA). In Chapman v. BOK Financial Corporation, the court...more

9/15/2014 - Employee Rights FLSA Loan Officer Misclassification Mortgages Popular

DOL Proposes To Amend FMLA’s Definition of ‘Spouse’

A year after the Supreme Court struck down Section 3 of the Defense of Marriage Act in United States v. Windsor, the U.S. Department of Labor (DOL) has proposed to amend its regulations under the Family and Medical Leave Act...more

6/24/2014 - DOL DOMA Employee Rights Employer Liability Issues FMLA Proposed Regulation Same-Sex Marriage SCOTUS US v Windsor

California Court Upholds Post-FMLA Fitness for Duty Examination in Face of Safety Concerns

A California appellate court recently held that, where evidence suggests an employee's medical condition may affect his or her ability to safely perform a job, the employee may be required to undergo a fitness for duty...more

4/25/2014 - Employee Evaluations Employer Liability Issues FMLA

NLRB Withdraws ‘Ambush Election’ Rules

Last week, the National Labor Relations Board (NLRB) formally withdrew the regulations it issued in late 2011 that would have dramatically changed the process for representation case petitions and pre-election procedures....more

1/30/2014 - Ambush Election Rules Canning v NLRB Compliance NLRB

Ninth Circuit Holds that Class Action Waiver in Arbitration Agreement Is Enforceable

On August 21, 2013, the U.S. Court of Appeals for the Ninth Circuit became the fifth circuit court to hold that class action waivers in arbitration agreements are enforceable in the context of wage and hour class action...more

8/26/2013 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act NLRA SCOTUS

D.C. Circuit Vacates NLRB Poster Rule

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the...more

5/9/2013 - First Amendment Free Speech NLRA NLRB Posting Requirements

DOL Proposes Survey on Worker Misclassification

The U.S. Department of Labor (DOL) recently issued a notice seeking comment on its proposal to collect information about “employment experiences and workers’ knowledge of basic employment laws and rules” so that it can...more

1/23/2013 - DOL Independent Contractors Misclassification

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