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Alabama CON Report

I. Certificate of Need Program - A. AL2018-008, Eastchase Operations, LLC d/b/a The Crossings at Eastchase, Montgomery, AL: Proposes to construct and operate thirty-two (32) Specialty Care Assisted Living Facility...more

Not Your Grandad’s Facebook? Targeted Social Media Ads Spur Age Discrimination Lawsuit

Can you target advertisements to a group based on age? The Communications Workers of America (CWA) and several individuals think not and filed suit against T-Mobile, Amazon, Cox Communications, and Cox Media Group. The...more

Alas, Browning-Ferris, We Barely Knew You: NLRB Rejects Its Own Recently Adopted Joint-Employer Test

Last week, the National Labor Relations Board announced that it will no longer use the Browning-Ferris joint-employer test. If you don’t have a union, why should you care? This is the test that many courts consider when...more

No Union Protection for Employees “Sick” Over No Paid Absences

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

Browning-Ferris Appeals the NLRB’s Revised Joint-Employer Test

In August of this year, the National Labor Relations Board (NLRB) revised its joint-employer test, which has incited much debate from employers across the country. The newly developed test permits a worker to be considered an...more

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

WWE Misclassification Lawsuit Claims Performers’ Status as Independent Contractors Caused Long-Term Brain Injuries

Another major sports organization has been hit on the head with a concussion lawsuit. Most recently, former WWE performers claim that they suffered concussions and other head injuries that have resulted in long-term brain...more

What is National Origin Discrimination under Title VII? The EEOC Weighs In

The EEOC recently proposed enforcement guidance on national origin discrimination and is giving the public until July 1, 2016 to comment. Once issued, this guidance will assist EEOC staff in investigation of national origin...more

EEOC Proposes Revised Affirmative Action Rules for Federal Agencies and their Obligations to Disabled Employees

The EEOC recently published a Notice of Proposed Rulemaking clarifying federal agencies’ affirmative action obligations under Section 501 of the Rehabilitation Act of 1973. Section 501 requires federal agencies to establish...more

Dates are Important: Eleventh Circuit Says FMLA Leave is Unavailable after Temporary Job Ends

In an important decision for employers with temporary employees, the Eleventh Circuit recently held that the Family Medical Leave Act does not apply after an employer terminates the temporary employee. Janet Skotnicki, a...more

What Constitutes the “Practice of Law” Under the FLSA Overtime Exemption? Second Circuit Gives Its Opinion

Last week, the Second Circuit revived an attorney’s claim that he was owed overtime compensation under the Fair Labor Standards Act (FLSA) and muddied the waters as to when a professional is exempt from the FLSA’s overtime...more

You’ve Got Mail: EEOC Launches Online Pilot Program for Charge Notices

Last week, the Equal Employment Opportunity Commission (EEOC) launched a pilot program called ACT Digital, which is the agency’s first initiative in digitizing its current paper-based charge process. The EEOC receives about...more

5/12/2015  /  Discrimination , EEOC

U.S. Supreme Court Vacates Fourth Circuit’s Decision Under the Pregnancy Discrimination Act

On Wednesday, in a 6-3 decision with Justice Breyer writing for the majority, the Supreme Court revived Peggy Young’s pregnancy discrimination claim against UPS under the Pregnancy Discrimination Act (PDA) in Young v. United...more

U.S. Supreme Court Vacates Young v. UPS Finding that UPS Failed to Accommodate Lifting Restrictions of Pregnant Worker

The U.S. Supreme Court revived Peggy Young’s pregnancy discrimination claim against UPS by vacating a Fourth Circuit decision today by a 6-3 vote. Young worked as an air driver for UPS, which required her to lift up to 70...more

Are Transgender Individuals Protected Under Title VII’s Ban on Sex Discrimination?

Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status. Jamal v. Saks & Company has sparked a heated debate over whether transgender...more

Does the Pregnancy Discrimination Act Require Light Duty Assignments for Pregnant Workers?

The Supreme Court recently heard oral argument in Young v. UPS, a case that could drastically impact accommodation policies for pregnant employees. Up until now, courts widely held that employers could offer light-duty...more

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