Recent Posts
Sixth Circuit Upholds Michigan’s Public Act 53 Regulating Public School Union Dues
Michigan's Public Act 53 prohibits public-school employers from providing payroll deductions to collect union membership dues from public-school employees. A group of union and union members challenged the Act facially, alleging that it violated their federal constitutional rights.
The district court ...
California Court Decertifies Wage, Break Claims Due to Lack of Commonality
Home delivery newspaper carriers brought suit against the publisher for violations of the California Labor Code, arguing that they were not paid overtime wages, the proper minimum wage, and did not receive rest breaks, among other things. Specifically, the carriers ...
EEOC Alleges Employer Violated GINA by Requesting Family Medical Histories
On May 16, 2013, Equal Employment Opportunity Commission filed an action against a nursing home and rehabilitation facility, claiming violations of the Genetic Information Nondiscrimination Act of 2008 (GINA), the Americans with Disabilities Act (ADA), and Title VII of ...
California Court Finds Compensation Scheme Does Not Meet Salary Basis Test, Denies Exemption
The California Court of Appeals recently considered whether a compensation scheme which is based solely upon the number of hours worked, with no guaranteed minimum, may be considered a “salary” within the meaning of wage and hour laws.
In this case, ...
Third Circuit: Appointment of NLRB Member During Intrasession Break Not Valid
In an ongoing and continuing discussion and battle concerning President Obama’s recess appointment of Craig Becker as a member of the National Labor Relations Board back in 2010, the Third Circuit Court of Appeals has weighed in, holding that the ...
Employer’s Required Fitness-For-Duty Exam Did Not Violate ADA
The employee worked as a customer service representative at a call center for the employer. He was responsible for monitoring the performance of frontline call center associates, and regularly worked from home.
One day, he attended a meeting at the office ...
Employee’s Need for Time Off for Medical Reasons Does Not Protect Her from Termination
The Seventh Circuit Court of appeals recently affirmed summary judgment for the employer on an employee's ADA and FMLA claims. In this case, the employee was terminated after she was absent many times due to symptoms (and the ultimate ...
Court Finds Epileptic Employee Not “Qualified Individual” Under ADA or Missouri Law
A mammography technician with epilepsy had suffered numerous seizures at work. The technician suffered epileptic seizures unpredictably, and they caused her to lose orientation and muscle control, which led to falls and injuries. The risk of injury to the technician ...
D.C. Circuit Court Strikes Down NLRB Posting Rule
The National Labor Relations Board (“Board”) had previously passed a rule that employers who were subject to its jurisdiction were required to post on their properties and websites a “Notification of Employee Rights under the National Labor Relations Act.” The ...
