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HTMLTOP TIP: Telecommuting Employees and the FMLA
Shawe Rosenthal LLP;
Legal Alert/Article
July 26, 2016, previously published on June 30, 2016
As more employees telecommute, employers must keep in mind that they may be covered under the Family and Medical Leave Act, as illustrated in a recent case, Donahoe-Bohne v. Brinkmann Instruments.

 

HTMLSeventh Circuit Rules on Accommodation and Causal Connection Needed for ADA Claims
Tyler Anderson; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 26, 2016, previously published on May 2016
In Hooper v. Proctor Health Care Inc., 804 F.3d 846 (7th Cir. 2015), the Seventh Circuit held that an employee's allegation of being a "qualified individual" under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12111(8), is insufficient, by itself, to merit a jury verdict in a...

 

HTMLSupreme Court Rules Statistical Evidence is an Appropriate Method to Certify a Class
Emily Perkins; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 26, 2016, previously published on May 2016
In Tyson Foods, Inc. v. Bouaphakeo, 136 S.Ct. 1036 (2016), the United States Supreme Court recently upheld a class certification based on statistical evidence to support overtime pay for the time spent for workers to put on and remove protective clothing during working hours.

 

HTMLCourt Finds DOL's New Persuader Rule "Flawed"
Shawe Rosenthal LLP;
Legal Alert/Article
July 26, 2016, previously published on June 23, 2016
The U.S. District Court in Minnesota ruled, on June 22, 2016, that the Department of Labor’s new interpretation of the advice exemption from the persuader rule is “untenable” and “flawed.” The Court did not issue an injunction against the new interpretation, which goes...

 

HTMLSupreme Court Update
Shawe Rosenthal LLP;
Legal Alert/Article
July 26, 2016, previously published on May 31, 2016
The U.S. Supreme Court has issued several decisions of interest to employers this month. These cases address issues of constructive discharge and entitlement to attorneys’ fees under Title VII, and the ability to sue under the Fair Credit Reporting Act.

 

HTMLPortland’s Ban-the-Box Law Takes Effect, Administrative Rules Provide Clarity
Gustavo A. Suárez, Jennifer Peck Woodruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 26, 2016, previously published on July 8, 2016
Portland, Oregon’s ban-the-box law, the Removing Barriers to Employment Ordinance, took effect on July 1, 2016. The ordinance prohibits most Portland employers from asking about an applicant’s criminal history or conducting a background check on an applicant until after a conditional...

 

HTMLTOP TIP: What the EEOC Thinks about Leave and the ADA
Shawe Rosenthal LLP;
Legal Alert/Article
July 26, 2016, previously published on May 31, 2016
Managing employees’ health-related leaves in compliance with the Americans with Disabilities Act poses challenges for employers. The Equal Employment Opportunity Commission has issued a resource document, “Employer-Provided Leave and the Americans with Disabilities Act,” that...

 

Adobe PDFBreaking Developments from the EEOC and the U.S. Department of Labor
Charles H. Kaplan, Galit Kierkut, A. Sonu Ray, David I. Rosen; Sills Cummis & Gross P.C.;
Legal Alert/Article
July 26, 2016, previously published on June 2016
The U.S. Department of Labor (“DOL”) and the U.S. Equal Opportunity Commission (“EEOC”) have finalized highly anticipated rules and regulations that impact employers in the areas of overtime pay and wellness programs. While they are not effective until the end of the year...

 

HTMLNLRB Eases Unionization of Employees Referred by Staffing Agencies
Shawe Rosenthal LLP;
Legal Alert/Article
July 26, 2016, previously published on July 11, 2016
In another blow to management, on July 11, 2016, a divided National Labor Relations Board issued Miller & Anderson, in which it reversed course after more than a decade to return to the rule established in the 2000 case of M.B. Sturgis, Inc., whereby employees supplied by a staffing agency can...

 

Adobe PDFLabor Board Expands Unions’ Ability To Organize “Bargaining Units” That Include Staffing Agency Employees
Devin C. Dolive, Ronald W. Flowers, Bryance Metheny, Matthew T. Scully; Burr & Forman LLP;
Legal Alert/Article
July 26, 2016, previously published on July 2016
On July 11, 2016, the Labor Board released its long-anticipated decision in Miller & Anderson, Inc., 364 NLRB No. 39 (2016). This case revives a rule from the Clinton-era Labor Board, namely the rule from M.B. Sturgis, Inc., 331 NLRB 1298 (2000) -- previously overruled in 2004 -- and alters...

 


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