Pregnancy Discrimination Claims Require Adverse Action
By Peyton S. Irby, Jr., JD A recent case from the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—involved multiple claims by a pregnant employee.
Tag: Circuit Court
Intermittent Leave: FMLA Medical Certification Snafu Sinks Shipbuilder
By Steven L. Brenneman of Fox, Swibel, Levin & Carroll, LLP Think you have intermittent leave and medical certifications finally figured out? A recent decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—illustrates that not all employers do.
A Reminder to Employers: FMLA Notice Is the Key!
By Lisa Whitaker, JD The U.S. 6th Circuit Court of Appeal—which covers Kentucky, Michigan, Ohio, and Tennessee—recently reminded employers that providing proper notice to employees is key to administering the Family and Medical Leave Act (FMLA).
Determining Joint-Employer Liability under the FMLA
By Ryann E. Ricchio, Faegre Baker Daniels Disputes over joint employment have recently appeared before both the National Labor Relations Board (NLRB) and the federal courts. A new decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—dealt with the issue of joint employment under the Family and Medical Leave Act […]
Fired for Policy Violation or FMLA Leave?
The U.S. 8th Circuit Court of Appeals recently had to decide whether an employee was rightfully terminated for policy violations or was unlawfully retaliated against for taking FMLA leave.
What Is the Lily Ledbetter Fair Pay Act?
While Title VII of the Civil Rights Act already prohibits gender-based discrimination, including pay discrimination, there was an unfortunate problem created by a court interpretation back in 2007. Namely, the courts decided that the original pay decision was what started the statute of limitations to bring a claim—not the ongoing unfair pay. This all came […]
Poor Performance and the FMLA
Questions about how the FMLA intersects with performance problems often arise. Let’s see how the U.S. 4th Circuit Court of Appeals addressed the issue in a recent case. Read more.
7th Circuit: Successor Must Pay $500K for Previous Owner’s FLSA Violations
A successor employer could not escape paying a $500,000 damages award for the previous owner’s Fair Labor Standards Act violations. The case, Teed et al. v. Thomas & Betts Power Solutions LLC, Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013), involved a tricky analysis of whether the purchaser of a business could be held responsible […]
NLRB Postpones NLRA Posting Requirement, Will Appeal District Courts’ Rulings
The National Labor Relations Board (NLRB) has announced it is postponing the National Labor Relations Act (NLRA) employee rights posting rule until the legal issues are resolved in court.
Individual mandate declared unconstitutional in Circuit Court ruling
The 11th U.S. Circuit Court of Appeals about 30 minutes ago issued a ruling that forcing Americans to purchase health insurance, a key element of the 2010 health reform law, is unconstitutional. The court however allowed the rest of the law stand (including preventive care, dependent care and preexisting condition mandates), overturning the lower court on […]