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Gov. Christie’s Cuts in N.J.’s Mandatory Public Pension Funding Found to be Legal

A recent study estimated that state public pension plans are underfunded by $4.7 trillion (yes, that’s a “T”). Ten states have plans in which less than 30-percent of benefit obligations are funded, and only three states have...more

Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings

For many years, the U.S. Department of Justice, an enforcer of the accessibility provisions (Title III) of the Americans with Disabilities Act, applicable to public accommodations, has dragged its feet on promulgating...more

It’s Never Too Late To Take Corrective Action On A Discrimination Claim

Have you ever thought to yourself when knee-deep in messy litigation, “Wow! If I could only roll back time and do things differently!”? Well, sometimes you can. A recent case illustrates this. In Reeves v. Tennessee Farmers...more

MMPI Was Job-Related and Consistent With Business Necessity Based on Employee’s Hostile Conduct and Independent Psychologist’s...

Proclaiming that "statutory interpretation requires judges to use a little common sense," the Eleventh Circuit Court of Appeals recently ruled that an employer lawfully required an employee to undergo a...more

Is an Offer Letter the Whole Show or Just a Preview of Coming Attractions?

If an employer has the foresight to address all meaningful terms of the employment relationship in offer letters to candidates, the employer may be satisfied to rely on those offer letters as binding contracts. But most of...more

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

When a health plan/HMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal employees under a contract with the Plan are government "subcontractors" subject...more

“Cat’s Paw” Evidence Insufficient to Prove That Age was “But For” Cause of Employee’s Layoff

We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other discrimination laws, a plaintiff in an ADEA case must prove that age discrimination...more

Employer Lawfully Fires Soon-to-be-Covered Employee Who Gives Notice of Need for Upcoming FMLA Leave

Timing is everything. If an employee has not yet been employed for the 12 months required by law in order to be eligible for Family & Medical Leave Act leave, is the employee protected from discharge for expressing her...more

Warning to Colorado Employers: FMLA-Expansion Bill Would be Costly and Burdensome

The Colorado Legislature is currently considering a number of bills that, if signed into law, would have a serious effect on most employers in the State. One bill that at first glance may appear to be fairly benign is House...more

3/7/2013  /  FMLA , Medical Leave

Disability Discrimination in Employment Claims Cannot be Raised Under ADA’s Title Regarding Public Services

Different sections of the Americans with Disabilities Act accomplish different ends. Title I addresses employment issues; Title II addresses participation in public services, programs, or activities; and Title III generally...more

No Overtime Pay Liability When Employee Fails to Report Exact Time Worked

A recent decision from the Tenth Circuit Court of Appeals instructs employers how they may avoid Fair Labor Standards Act overtime pay liability for overtime hours that are undeniably worked by an employee, when the employee...more

Employers and Employees May Contract To Arbitrate Non-Competes

The U.S. Supreme Court has weighed in again on employer-employee arbitration agreements, this time holding that disputes over the enforceability and enforcement of non-competition and confidentiality covenants in contracts...more

Customer That Asks a Contractor to Send Another Employee Who Can Speak Clearer English May Become the Sole “Employer” Liable for...

The U.S. District Court for the District of Colorado has recently issued surprising case decisions, ruling that parties other than the direct employer of a plaintiff may be liable for discrimination. One of the decisions is...more

11/13/2012

Sister Companies May Be a “Single Employer” Under Title VII

Businesses that have a common owner naturally bear some similarities. But such similarities normally are insufficient to make them a "single employer" under Title VII. However, EEOC v. Moreland Auto Group, LLLP, is a recent...more

11/12/2012
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