Theodore T. Eidukas

Theodore T. Eidukas

Foley & Lardner LLP

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Latest Publications


Supreme Court Delivers New Life to Pregnancy Discrimination Act Claim

In an eagerly awaited ruling expected to provide greater guidance on an employer’s obligation to accommodate pregnant employees, last week the U.S. Supreme Court established the standard an employee must meet to state a...more

4/1/2015 - ADA Disparate Treatment EEOC Enforcement Guidance PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act

Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute...more

10/8/2014 - Employee Rights ERISA FMLA Parental Rights Preemption Unpaid Leave

Because M&A Due Diligence Was Not Already Complicated Enough…

A recent federal appeals court decision suggests that businesses looking at potential acquisitions or mergers have yet another, relatively new concern to their due diligence list when examining the target business: an...more

4/23/2014 - Due Diligence Employer Liability Issues FLSA Policy Violations Successor Liability Wage and Hour

Clean-Up in Aisle 9: Ninth Circuit Finds Ralphs Grocery Company’s Arbitration Policy Unconscionable Under State Law Not Preempted...

As we have reported on several occasions, a string of United States Supreme Court cases over the past few years has strengthened the use and applicability of arbitration provisions in contracts. For example, in AT&T Mobility...more

11/6/2013 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Federal Arbitration Act Preemption SCOTUS Unconscionable Contracts

D.C. Circuit Tells NLRB "No Workplace Poster for You!"

Many would contend that inherent in the freedom of speech is the freedom to decide when not to speak such that the government, as the argument goes, cannot compel one to say or otherwise disseminate certain information....more

5/14/2013 - Free Speech NLRA NLRB Posting Requirements Unfair Labor Practices

NLRB Offers Advice on At-Will Employment Handbook Language

It is a good, standard practice for employers to include a provision in their employee handbooks, where applicable, to clarify that the terms of employment in the handbook do not alter the at-will status of the employer’s...more

11/13/2012 - American Red Cross At-Will Employment Disclaimers Employee Handbooks Mimi's Cafe NLRB Rocha Transportation

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