Recent Posts
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 ...
Seventh Circuit: Physician’s State-Court Suit Challenging Denial of Privileges Precluded Subsequent Federal Discrimination Claim
The Seventh Circuit Court of Appeals has reminded one Illinois physician that he only gets one bite at the apple when it comes to federal discrimination claims – and the case presents a unique and potentially powerful new defense for ...
Third Circuit Upholds Termination of Employee for Dishonesty About Drug Addiction on a Post-Offer Medical Questionnaire
A hospital-employer hired the employee as a security guard. On his post-offer medical questionnaire, the employee affirmatively stated that he had never suffered from drug or alcohol addiction in the past nor participated in a drug and alcohol treatment ...
“Insomnia” Insufficient Basis for ADA and FMLA Claims
In this case, the attorney claimed that her employer's denial of her reduced-work-schedule request constituted both an unlawful failure-to-accommodate under the Americans with Disabilities Act (ADA) and unlawful interference with her right to take leave under the Family and Medical Leave Act (FMLA).
In ...
