Reinstatement

News & Analysis as of

ADA Allows Employer to Reduce Employee to Part-Time Status After Return From Medical Leave

Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

“Can I have my job back?” – reinstatement and re-engagement in the employment tribunal

In circumstances where an employment tribunal upholds an unfair dismissal claim, it is open to the tribunal to make an order for reinstatement or re-engagement. Reinstatement requires the employer to treat the employee...more

NYC Expands Scope of Displaced Building Service Workers Protection Act

Background - In 2002, Mayor Bloomberg signed the New York City Displaced Building Service Workers Protection Act ("DBSWPA" or "Act") into law. The DBSWPA significantly affects companies' labor and employment...more

OSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees

The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency...more

Family Matters: New York State Minimum Wage Increase & Paid Family Leave

New York will increase its minimum wage to $15.00 an hour in gradual increases, beginning December 31, 2016. In keeping with the wave of new legislation in states and cities across the country, New York also passed the Paid...more

Paid Family Leave and $15 Minimum Wage Coming to New York

New York has enacted legislation that, over the next several years, will phase in 12 weeks of paid family leave for all employees, as well as a $15 minimum wage in New York City and other parts of New York State. The...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more

North Carolina Courts Are Forbidden To “Blue Pencil” An Unenforceable Non-Compete

Reversing a 2-1 decision of the North Carolina Court of Appeals, the state’s Supreme Court held unanimously that an assets purchase-and-sale contract containing an unreasonable territorial non-competition restriction is...more

Objective Basis Needed for Psychological Fitness for Duty Exam

In a case of first impression in New Jersey, the Appellate Division cautioned that employers may only require an employee to undergo a mental health fitness-for-duty examination in limited circumstances. Relying heavily on...more

Illinois Appellate Court Affirms Whistleblower’s Multi-Million Dollar Award

On March 2, 2016, an Illinois Appellate court upheld a jury verdict awarding over $3 million to Plaintiff James Crowley (Plaintiff) on his whistleblower retaliation claim under the Illinois State Official and Employee Ethics...more

AT&T Debe Pagar $250.000 y Ademas Reinstalar a un Empleado Para Transar Demanda de Discrimen por Discapacidad

Gigante de las telecomunicaciones removio a un empleado técnico con una discapacidad visual de sus labores, haciendo caso omiso de la petición de acomodo razonable, reclamo la agencia federal. SAN JUAN, Puerto Rico -...more

AT&T to Pay $250,000 and Reinstate Employee to Settle EEOC Disability Discrimination Lawsuit

Telecom Giant Removed Visually Impaired Technician From His Job, Ignoring His Accommodation Request, Federal Agency Charged - SAN JUAN, Puerto Rico - AT&T, a multi-national telecommunications company, will pay $250,000,...more

Hong Kong proposes changes to law on employee reinstatement claims

Hong Kong proposes to amend the Employment Ordinance by removing the pre-requisite requirement for an employer to agree to an order reinstating or re-engaging an employee who has been dismissed without any valid reason in...more

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

Effects of reinstatement of a deregistered company

Since the promulgation of the Companies Act 2008 (the Act), there has been a lack of clarity regarding the effect of the reinstatement of a deregistered company in terms of the Act. In particular, it was not certain whether...more

Be Alert Asia Pacific: Employment Law Newsletter - Shanghai Court Upholds Reinstatement Claim by Senior Manager Despite Removal by...

In September 2015, the Second Intermediate People's Court of Shanghai made a decision to uphold a former senior manager's claim for reinstatement, which has drawn a lot of attention. It is widely believed, at least in...more

Court Of Chancery Reverses Director Resignation

In this unusual case, the Court of Chancery has reinstated a director who was tricked into resigning. The opinion has a good discussion of how directors may resign and when their resignation is not effective....more

Internal Reinstatement: Main Aspects Of The Reform / Reclassement Interne : Points Forts De La Réforme

The Act of 23 July 2015 amending the Labour Code and the Social Security Code with regard to the provisions on internal and external reinstatement (“reclassement interne et externe”) (hereinafter the Act) was published in the...more

EEOC Sues Dehaven’s Transfer & Storage, Inc. for Pregnancy Discrimination

Moving Company Fired Female Employee Because She Was Pregnant, Federal Agency Charges - DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, violated federal law when it fired a...more

OLRB orders employer to reinstate apartment building superintendent allegedly fired for reporting workplace violence

The Ontario Labour Relations Board has ordered an employer to reinstate an apartment building “office administrative superintendent” who alleged that she was fired after reporting that her husband, the maintenance...more

Amendments to the California Family Rights Act Take Effect

On July 1, 2015, amendments revamping the California Family Rights Act (“CFRA”) went into effect. CFRA is a regulation that provides employees with up to 12 workweeks of leave within a 12-month period for a qualifying event,...more

Be Careful What You Say: Allegations Of Worker Misconduct Might Be Defamation

Healthcare institutions have a moral and legal obligation to promote patient safety as an essential component of patient care. Supervisors and managers must be supportive of their staffs while remaining vigilant about the...more

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