Showing 24 posts from March 2013.

Police Sergeant Engaged in Protected Activity when Complaining About Gender Inequality

March 12, 2013 by Hinshaw & Culbertson LLP

Last month we reported to you the case of a public school principal whose First Amendment and retaliation claims were stricken by the Court due to the fact that she was not speaking as a private citizen, and thus, her speech was not protected. On the other side of the coin, here, the Third Circuit finds that a triable claim exists where a public employee articulates complaints of sex discrimination in the police force, because such speech implicates matters of public concern.  More ›

NLRB will ask Supreme Court to Affirm Board Members

March 12, 2013 by Peter J. Felsenfeld

The National Labor Relations Board (“NLRB”) announced today that it would ask the U.S. Supreme Court to review a federal court ruling that invalidated the appointment of three members and put hundreds of mostly pro-union board actions in jeopardy. More ›

Employees Entitled to Recover Unpaid Wages, Regardless of Immigration Status

March 11, 2013 by Hinshaw & Culbertson LLP

Just because an employee does not report income to the IRS or used a fake Social Security card to get his job does not mean an employer can deprive the employee of overtime pay, says the 11th Circuit Court of Appeals.  More ›

DOL Issues ObamaCare Self-Compliance Checklists for Employers

March 11, 2013 by Hinshaw & Culbertson LLP

The Department of Labor has issued a “self-compliance tool,” (complete with a handy checklist) to help employers operating group health plans comply with the Affordable Care Act. More ›

Being on time to work may be Essential Function of Position

March 8, 2013 by Hinshaw & Culbertson LLP

A city case manager had schizophrenia but was taking medication on a calibrated schedule. The employer had a flex-time policy which allowed employees to arrive at work anytime within a one hour window in the morning. If an employee was late, the supervisor had to approve or disprove the tardiness. The employee often could not get to work within that window of time due to his medication, and for roughly ten years, the employer excused such tardiness and allowed him to arrive later. Subsequently, however, the supervisor ceased approving the late arrivals. The employee repeatedly requested that he be permitted to arrive later so that he would not be disciplined for tardiness, but his supervisor would not allow it. His doctor recommended that his medication schedule not be altered at that time, which made it difficult for him to arrive earlier. The supervisor then recommended disciplinary action against the employee for his long history of tardiness, and at a grievance hearing, the City recommended his termination. The union representative argued that the employee’s mitigating circumstances (the disability) should be considered. The employee then made formal requests for accommodation to arrive at work later, and a higher-level supervisor denied the request without talking to the employee. He was then suspended for 30 days without pay as a sanction for his tardiness.  More ›

USCIS Issues new Version of Form I-9 for Immediate Use

March 8, 2013 by Hinshaw & Culbertson LLP

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a new version of Form I-9, the Employment Eligibility Verification Form. As most employers are aware, Form I-9 must be used to verify the identity and employment authorization of all new employees. The new version of the Form I-9 (available for download by clicking here) can be identified by the date located at the bottom left-hand side of the form—the new Form I-9 shows the date "03/08/13." More ›

Court Finds that Employer’s Failure to Return Employee to work Prior to Conclusion of FMLA Leave does not Amount to Interference

March 5, 2013 by Linda K. Horras

In this case, a hotel maintenance employee who had worked for the employer for over 20 years had a history of vision problems. His employer regularly accommodated these problems by ensuring that the employee’s schedule and assignments were copied in large print. Later, the employee suffered an injury, which required him to take leave. The hotel provided him with required information under the Family and Medical Leave Act (FMLA) and approved 12 weeks of leave. More ›

Court Sanctions EEOC for Obstructionist Delays in Discovery Process

March 5, 2013 by Hinshaw & Culbertson LLP

The discovery rules are no joke. The courts expect the parties to work together to comply with their obligations under the various rules and laws, and to avoid causing needless expenses and delay — for both the opposing party and the court. This case demonstrates a court's effort to put such behavior in check. More ›

Employees Cannot give Constructive Notice of need for FMLA Leave in the Eighth Circuit

March 4, 2013 by Hinshaw & Culbertson LLP

This suit arose when an employee at a food production company missed a month of work due to depression. She ultimately lost her job for failing to comply with the company’s call-in procedure, which treated three consecutive absences without calling in as a voluntary termination of employment. The termination was executed despite the fact that the employee had intermittently taken leave under the Family and Medical Leave Act (FMLA) and that a coworker would notify the employee’s supervisor when she was “sick.” The employee filed FMLA entitlement (interference) and retaliation claims against the employer. More ›

Search

Subscribe via Email

RSSSubscribe via RSS
TwitterFollow us on Twitter/X

Blog Editors

Blog Contributors

Archives