Federal Circuit Scorecard – Title VII & Sexual Orientation Discrimination
10/13/17
By: Michael M. Hill
A Georgia case is in the running to be the one the Supreme Court uses to resolve the question of whether Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination on the …
Updates on the “Joint Employer” Standard
10/10/17
By: Tim Holdsworth
More than two years have passed since the National Labor Relations Board (“NLRB”) handed down its new and controversial joint employer standard in Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). As you …
Extended Medical Leave Held Not Reasonable Accommodation Under ADA
10/2/17
By: Amy C. Bender
Accommodations for disabled workers, and particularly requests for medical leave, continue to present challenges for employers. Who is considered disabled? Do I have to provide employees additional time off work after FMLA, other statutory leave entitlements, …
9/29/17
By: William H. Buechner, Jr.
The Eleventh Circuit has ruled that a voicemail message left by a debt collector constitutes a “communication” under the Fair Debt Collection Practices Act. However, the Eleventh Circuit also ruled that a debt collector is …
EEOC Lawsuit for Disability and Genetic Information Discrimination is Cautionary Tale for Employers
9/28/17
By: Paul H. Derrick
The Equal Employment Opportunity Commission is seeking back pay, compensatory damages, punitive damages, and injunctive relief against one of the nation’s largest retailers for withdrawing job offers to applicants whose post-offer medical examinations revealed they had …
Pa. County Didn't Willfully Violate FLSA
9/28/17
The Third Circuit has ruled that Pennsylvania’s Lackawanna County didn’t willfully violate the Fair Labor Standards Act when it failed to pay overtime to workers who performed multiple part-time jobs.
Souryavong and Rolon were among a …
9/27/17
By: William H. Buechner, Jr.
Last week, the Department of Education formally withdrew the controversial “Dear Colleague” Letter on Sexual Violence issued in 2011 and the 2014 Questions and Answers on Title IX Sexual Violence. As discussed in our recent …
9/13/17
By: Paul H. Derrick
The National Labor Relations Board is at it again. A recently-released memorandum from the Board’s Division of Advice reveals that the Office of the General Counsel directed one of the NLRB’s regional offices to issue two …
9/12/17
By: William H. Buechner, Jr.
Secretary of Education Secretary Betsy DeVos announced last week that the Department of Education will propose significant revisions to the Obama’s administration’s guidance concerning the Title IX obligations of schools that receive federal funding in …
EEOC to Employers (Again): The FMLA Does Not Trump the ADA
9/7/17
By: Paul H. Derrick
The Equal Employment Opportunity Commission has sued an employer in Hawaii over its refusal to provide additional leave time as an accommodation for disabled employees who were unable to return to work without limitations after exhausting …
Court Gives Teacher's ADA Claims New Life
9/6/17
By: Courtney K. Mazzio
After many years of teaching, Joseph Terre found himself without employment upon his return from FMLA leave in October 2014 due to alleged budget cuts at the high school where he had been teaching Economics for …
North Carolina Enacts Worker Misclassification Law
9/5/17
By: Paul H. Derrick
North Carolina’s new Employee Fair Classification Law creates a division within the state’s Industrial Commission to investigate and prosecute worker misclassification complaints. The law came about after a series of newspaper reports detailing the widespread practice …