U.S. SUPREME COURT ROUNDUP: 2013-2014, PART I

This article is Part 1 of a two-part series providing an overview of recent United States Supreme Court decisions in employment law. Part 2 of this article will be featured soon. The United States Supreme Court issued several decisions during the past year that may...

DEPARTMENT OF LABOR FMLA INVESTIGATIONS

Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide eligible employees with a leave of absence for certain qualifying reasons, including an employee or family member’s serious health condition. Although the U.S. Department...

TELECOMMUTING AS REASONABLE ACCOMMODATION

With modern technology, many workers can perform their jobs from alternate locations, such as a home office. So, when is physical presence at the employer’s worksite an essential function of the job? In EEOC v. Ford Motor Co., the Sixth Circuit Court of Appeals...

A RETURN TO SANITY IN CLASS ACTIONS?

In 2012, the California Supreme Court issued its decision in Brinker Restaurant Corp. v. Superior Court, holding that a wage-and-hour case alleging missed meal and rest breaks could be brought as a class action. Since that decision, a number of lower appellate and...

AVOIDING EMPLOYEE RETALIATION CLAIMS

The U.S. Equal Employment Opportunity Commission (“EEO”) reports that the number of claims alleging unlawful retaliation has skyrocketed since 1997, from 22.7% to 41.1% of all claims filed. Retaliation is currently the most common basis for complaints filed with the...

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