“But for,” “motivating factor,” “contributing factor…” Aren’t they all just different legal phrases that ultimately make an employer liable for discriminatory conduct? Absolutely not—and in its first significant employment decision of this term, the United States Supreme Court, by replacing “motivating factor” with “but for,” has made it more difficult for plaintiffs to prove retaliation
DOMA Falls – What Now For FMLA & Other Employee Benefits?
If you’re reading this blog, then it’s probably safe to assume that you heard about the Supreme Court’s decision that the Defense of Marriage Act (“DOMA”) is unconstitutional. And it’s probably also safe to assume that you’ve had friends and acquaintances weighing in with their thoughts on the decision on Facebook, LinkedIn and in other
Obligation to Reassign or Not? That is the Question.
Last month the United States Supreme Court refused to resolve the circuit split that has evolved over the issue of whether there is an affirmative duty under the Americans with Disabilities Act (“ADA”) to accommodate a disabled individual through reassignment to another vacant job, without regard to whether there is a more qualified applicant for
Wage Garnishments: Could you be in danger of paying your employees’ credit card debt?
In today’s economy, employers are receiving orders to garnish employee wages on an increasingly frequent basis. Causing even bigger headaches are situations in which multiple garnishments are received for the same employee. For example, it is not unusual for an employee to be subject to both a defaulted student loan and a child support order
Make sure your employees get every penny they’ve earned… or the DOL and Plaintiffs’ bar will ensure they receive every penny and then some!
In announcing wage settlements with private employers, the DOL routinely states that it wants employees to get “every penny they earn.” However, realistically the stakes of a wage and hour investigation by the DOL or a wage and hour class action by a current or former employee are much higher than paying each employee down
This Is NOT Your Parents’ Job Application
What does your mother’s high blood pressure have to do with your job protection? According to the Equal Employment Opportunity Commission (“EEOC”): everything.
A virtually unknown and unused federal anti-discrimination statute—which applies to employers with fifteen (15) or more employees—is quickly taking center stage with the EEOC. For the second time in a month, the
Don’t leave employment policies to chance
“We’re all throwing the dice, playing the game, moving our pieces around the board, but if there is a problem the lawyer is the only person who has read the inside of the top of the box.” – Jerry Seinfeld
Employers often find it difficult to set and manage their expectations for employees. Like playing
NLRB Authority Absorbs Further Damage
Intra-Session NLRB Recess Appointments Invalid: The United States Court of Appeals for the Third Circuit recently became the second federal appellate court to find one of President Obama’s intra-session recess appointments to the National Labor Relations Board unconstitutional, thus raising further question of the Board’s current authority. The Third Circuit held that the appointment of
Seventh Circuit Finds that Inability to Perform Essential Job Function of Reliable Attendance Thwarts Employee’s ADA Claim
Late last year the Seventh Circuit reversed prior precedent and held that an associate who is minimally qualified must be reassigned to a vacant position as a reasonable accommodation in EEOC v. United Airlines, Inc.. 2012 U.S. App. LEXIS 18804 (7th Cir. 2012). That decision, coupled with the EEOC’s focus on fixed-leave policies as
Knock Knock, Who’s There? The Department of Labor. We’re here to investigate your FMLA practices.
If you think this sounds like a “bad joke,” think again. The United States Department of Labor (“DOL”) has been quite transparent as of late that it is ramping up its FMLA investigatory activities to include unannounced, on-site visits. Although the DOL has historically called employers to arrange on-site visits, particularly for FMLA investigations, the