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HTMLWill the Ohio Supreme Court Eliminate Manager and Supervisor Liability for Discrimination?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
Ohio’s discrimination is unique in that it allows for the imposition of individual liability against managers and supervisors for their personal acts of discrimination. The case, Genaro v. Central Transport (1999), is the bane of defense lawyers and employers alike. Aside from adding a...

 

HTMLMust an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?
Paul M. Lusky; Ford & Harrison LLP;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
Executive Summary: When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the position that, absent undue hardship, an employer must...

 

HTMLNLRB Seeks to Supersize Its Joint-Employer Standard
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
July 30, 2014, previously published on July 30, 2014
The NLRB is waging war on employers, and it’s drawing its latest battle line at the McDonald’s drive-in. Yesterday, the NLRB Office of General Counsel announced that it has authorized complaints against 43 different McDonald’s franchises; it also announced that in each case it...

 

Adobe PDFU.S. Supreme Court Holds that Non-Union Quasi Public Employees May Not Be Forced to Pay Agency Fees to Union
Hancock Estabrook LLP;
Legal Alert/Article
July 30, 2014, previously published on July 2014
On June 30, 2014, the United States Supreme Court rendered a 5-4 decision holding that the agency-fee provision of the Illinois Public Labor Relations Act (PLRA) violated the First Amendment. Harris v. Quinn, No. 11-681, 2014 WL 2921708 (June 30, 2014). The case involved Illinois’ Home...

 

HTMLAnother Increase in the Rhode Island Minimum Wage to $9/Hour
Andrew E. Silvia, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
On July 3, 2014, Rhode Island Governor Lincoln Chafee signed into law a measure that will raise the state’s minimum wage to $9.00 per hour, effective January 1, 2015. The legislation, which will increase the state’s minimum wage for the third time in as many years, was approved by the...

 

Adobe PDFSupreme Court Holds Public Employee's Testimony is Protected by First Amendment
Hancock Estabrook LLP;
Legal Alert/Article
July 30, 2014, previously published on July 2014
In a unanimous decision authored by Justice Sotomayor, the United States Supreme Court held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job responsibilities. Lane v. Franks, No. 13-483, 2014 WL...

 

HTMLEEOC Adopts Tougher Rules Protecting Pregnant Workers
Mae Kieng Hau, Douglas T. Schwarz; Bingham McCutchen LLP;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
Pregnant employees may be entitled to accommodation under both the Pregnancy Discrimination Act and the Americans with Disabilities Act, according to the United States Equal Employment Opportunity Commission’s long anticipated Enforcement Guidance on Pregnancy Discrimination and Related...

 

HTMLMotor Carriers Face Uphill Battle After California Supreme Court Decision
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt an action brought under California’s Unfair Competition Law (UCL)...

 

HTML“Unionism” as a protected class?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
Way back in 2012, the New York Times published an op-ed titled, A Civil Right to Unionize, which argued that Title VII needs to be amended to include “the right to unionize” as a protected civil right. At the time, I argued that including “unionism” as a protected class was...

 

Adobe PDFSan Francisco’s Ban the Box Restrictions Effective August 13, 2014
Maria Z. Stearns; Rutan & Tucker, LLP;
Legal Alert/Article
July 29, 2014, previously published on July 2014
Beginning on August 13, 2014, San Francisco employers with 20 or more workers must abide by the Fair Chance Ordinance, a new law that prohibits asking prospective workers about their criminal history on job applications.

 


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