Reinstatement

Bad-Faith Work Refusal Complaint To MOL Justified Discipline – Reinstatement Denied

by Adrian Miedema | Dentons on 4/30/2013

The work refusal provisions of the Occupational Health and Safety Act should not be abused, an arbitrator has effectively held in overturning an employee’s dismissal but refusing reinstatement....more

Reinstating Your Drivers license After a DUI

by Law Offices of Adrian H. Altshuler &... on 4/5/2013

If you’re convicted of driving under the influence (DUI) in Tennessee, it can result in numerous penalties including jail time and fines. One of the biggest daily life changes to occur as a result of a DUI conviction is the...more

Reinstatement Of Employment Ordered – A Decade After Disability Leave Commenced

by Catherine P. Coulter | Dentons on 4/3/2013

In a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered the reinstatement of an employee a decade after she went on disability leave, together with loss of wages...more

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

by Neil S. Goldsmith | Franczek Radelet P.C. on 2/28/2013

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

by Todd Timmons | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2013

In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more

California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes...

by Melanie Hamilton | Sheppard Mullin Richter & Hampton LLP on 2/12/2013

On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more

California Supreme Court's "Mixed Motive" Ruling May Have Major Impact on Fair Employment and Housing Claims

by Fisher & Phillips LLP on 2/12/2013

On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act (“FEHA”) when an employer...more

Amended Pregnancy Regulations Expand Protections for Employees Disabled by Pregnancy or Perceived as Pregnant

by Paul Bressan, Joshua Mizrahi | Buchalter Nemer on 2/11/2013

All California employers with five or more full- or part-time employees must comply with the California Fair Employment and Housing Commission’s (“FEHC”) amended pregnancy regulations that went into effect December 30, 2012....more

California Supreme Court Rejects Damages, Back Pay, And Reinstatement Where Employer Proves Legitimate Mixed-Motive

by Keith Watts | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/8/2013

On February 7, 2013, the California Supreme Court issued a long-awaited decision on whether the “mixed-motive” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA)....more

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

by Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/6/2013

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order....more

Employment And Labor Insight - Parenting Leave For Minnesota Employers: A Guide To The FMLA And MPLA

by Christina Sans | Leonard, Street and Deinard on 2/5/2013

Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid job-protected leave for specified family and medical reasons within a 12-month period. 29 U.S.C. 2601 et seq....more

Application to U.S. Supreme Court challenging NLRB recess appointments rejected by Justice Ginsburg; referral to Justice Scalia...

by Barbara S. Mishkin | Ballard Spahr LLP on 2/5/2013

Attorneys for a Connecticut nursing home company are attempting to have an application challenging the constitutionality of President Obama’s recess appointments to the National Labor Relations Board referred to Justice...more

Ensuring Compliance With California’s Revised Pregnancy Disability Leave Regulations

by Marc Koonin | Sedgwick LLP on 1/23/2013

California recently adopted the most sweeping changes to the regulations implementing its pregnancy disability leave (PDL) law in 17 years. These changes, which became effective on December 30, 2012, significantly impact the...more

Legal Alert: New Board Policy Permits Front Pay To Be Included In Settlement Agreements

by FordHarrison on 1/21/2013

A recent Memorandum issued by the National Labor Relations Board's (NLRB) Acting General Counsel Lafe Solomon may reflect a subtle effort by the Board to encourage the recovery of front pay for individuals claiming they were...more

New California Disability Regulations to Become Effective December 30

by Morgan Lewis on 12/28/2012

California employers should take action promptly to ensure compliance with new state disability and pregnancy disability regulations. On December 26, California's Office of Administrative Law approved new disability...more

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

by Fred Alvarez, Alicia Farquhar, Laura Merritt, Ulrico Rosales, Marina Tsatalis | Wilson Sonsini Goodrich & Rosati on 12/13/2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that...more

Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and...

by George R. Wood | Littler on 12/12/2012

In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act...more

New California Pregnancy Disability Leave (PDL) Regulations Adopted

by Sabrina L. Shadi | BakerHostetler on 12/11/2012

BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and...more

End Of Temporary Reinstatement - That Was Not Temporary

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/27/2012

Margo Lopez and Denise Giraudo in our Mine Safety Practice Group are to be highly congratulated for an extraordinary victory that favors the entire mining industry. In Vulcan Construction Materials v. Federal Mine Safety and...more

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