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
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
1/19/2018
/ ADEA ,
Advertising ,
Age Discrimination ,
Amazon ,
Communication Workers of America ,
Communications Decency Act ,
Cox Communications ,
Employer Liability Issues ,
Facebook ,
Social Media ,
T-Mobile
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
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
8/1/2017
/ Administrative Law Judge (ALJ) ,
Adverse Employment Action ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Jimmy John's ,
NLRA ,
NLRB ,
Protected Activity ,
Section 8(a) ,
Sick Leave ,
Social Media ,
Union Organizers ,
Unions
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
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
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
8/18/2016
/ Class Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Sports ,
Traumatic Brain Injuries ,
Wage and Hour
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
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
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
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
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
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
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
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
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