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HTMLMaximum Leave Policy Found To Be Fair And Lawful
Aaron A. Clark; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
July 11, 2014, previously published on Third Quarter, 2014
Over the last several years, the EEOC has been cracking down on employers who terminate employees for exceeding the maximum amount of leave available under company policy. For example, a policy may allow an employee to take a medical leave of absence for up to six (6) months. If the employee is...

 

HTMLDo I Really Need To Come To Work? New Frontiers In ADA Accommodation
Roger J. Miller; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
July 11, 2014, previously published on Third Quarter, 2014
Can an employer require a disabled employee to actually come into work and perform their job duties? “Maybe not” one federal appeals court recently held.

 

HTMLUndocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court
Gregg A. Fisch, Dorna Moini; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 11, 2014, previously published on July 9, 2014
On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the California Fair Employment and Housing Act (FEHA). In its decision, the Court also...

 

HTMLFMLA Leave May Be Used, In Part, To Care For Grandchildren
A. Stevenson Bogue; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
July 11, 2014, previously published on Third Quarter, 2014
When an employee of Harbor Crest applied for FMLA leave, she indicated that she would be caring for her daughter who had cancer. However, when the employer found that she was also caring for her grandchildren and was not the primary caregiver for her daughter, it attacked her eligibility for FMLA...

 

HTMLHobby Lobby Decision: Closely Held Corporations Not Required to Provide Contraceptive Methods that Violate Owners’ Sincere Religious Beliefs
Rebecca L. Hudson; Holland & Hart LLP;
Legal Alert/Article
July 11, 2014, previously published on June 30, 2014
In a 5-4 decision, the U.S. Supreme Court ruled today that the contraceptive mandate under the Affordable Care Act (ACA) substantially burdens the exercise of religion and violates the Religious Freedom Restoration Act (RFRA) as applied to closely held for-profit corporations, such as Hobby Lobby....

 

HTMLSupreme Court Limits Reach of Contraceptive Mandate
Alfred B. Fowler, Peter C. Langdon, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
July 11, 2014, previously published on July 1, 2014
On June 30, 2014, the Supreme Court ruled that under the Religious Freedom Restoration Act, closely-held for-profit corporations are not required to pay for contraceptives if doing so would violate the corporation’s sincerely held religious beliefs. Below, we discuss the major parts of the...

 

HTMLNLRB Reinstates Employee Who Engaged In A Profane Attack On His Manager
Abigail M. Moland; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
July 11, 2014, previously published on Third Quarter, 2014
In Plaza Auto Center, Inc., a case decided May 28, 2014, the National Labor Relations Board (NLRB) found 2-1 that that an employee who shouted profanities and personally attacked his boss did not lose the protections of the National Labor Relations Act (NLRA).

 

HTMLThird Circuit Weighs in on “Donning and Doffing” Issue
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 11, 2014, previously published on June 30, 2014
In Rosano v. Township of Teaneck, the United States Court of Appeals for the Third Circuit recently ruled on the question of whether police officers from the Township of Teaneck, N.J. were entitled to receive compensation in the form of overtime payments for time spent attending daily roll calls...

 

HTMLSupreme Court Sets the Stage for Future Challenges with Pair of Labor-Related Rulings
Ashley Welch Hudson, Scott Jackson, Alan L. Rupe; Kutak Rock LLP;
Legal Alert/Article
July 11, 2014, previously published on July 1, 2014
With its term coming to a close, the Supreme Court has issued a pair of important opinions that set the stage for change in the labor and employment arena. The two cases - National Labor Relations Board v. Noel Canning, No. 12-1281, and Harris v. Quinn, No. 11-681 - have the potential to shake up...

 

HTMLWhat Does the ADA Say About Employee Medical Information and Social Media?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
July 11, 2014, previously published on July 8, 2014
The ADA protects, as confidential, employee medical information obtained by an employer.

 


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