January 2, 2014

Employment Law And The “Cat’s Paw”

A recent US Court of Appeals decision reinstated a school janitor’s discrimination claim based in part on principles taken from an old French children’s fable.

A legal theory not uncommon…

November 8, 2013

Ruling Upholds Discharge During FMLA Leave

Federal courts recently confirmed that FMLA leave status is not a shield from termination for an employee when legitimate performance issues are uncovered.

On July 11, 2013, the United States…

November 3, 2013

U.S. Appellate Courts Invalidates NLRB’s Posting Rule

On May 7, 2013, the United States Court of Appeals for the D.C. Circuit struck down the National Labor Relations Board’s August 2011 Notice Posting Rule, which would have required…

October 28, 2013

Employer Leave Policy Upheld Under FLSA Professional Exemption

A recent Federal ruling impacting North Carolina upheld the right of an employer to require a minimum of full-day increments for unpaid personal leave for certain professional employees.  The ruling…

September 4, 2013

EEOC Lawsuit on Background Checks Dismissed by Federal Judge

On August 9, 2013, a federal district court judge in Maryland dismissed a Title VII suit filed by the Equal Employment Opportunity Commission (EEOC).  The EEOC had alleged that Freeman,…

July 29, 2013

Congress Contemplates Changes To Workplace Protections For Sexual Orientation And Gender Identity

On July 10, 2013, the United States Senate Committee on Health, Education, Labor and Pensions approved and sent to the Senate for consideration a bill containing the first federal workplace…

July 8, 2013

Two Supreme Court decisions on retaliation and discrimination

In April 2013, I reported that the United States Supreme Court had agreed to hear arguments in a case in which a Texas hospital asked the Court to raise the…

May 8, 2013

US Supreme Court agrees to decide whether ADEA precludes Equal Protection claim

On March 18, 2013, the United States Supreme Court agreed to determine whether state and local government workers may file constitutional claims of age discrimination instead of pursuing their claims…

April 3, 2013

Will the Supreme Court raise the bar on worker retaliation lawsuits?

On April 24, 2013, the United States Supreme Court will hear arguments from a Texas hospital asking the Court to raise the burden for workers trying to prove employer retaliation. …

March 8, 2013

Appeals Court Invalidates Recess Appointments of NLRB Board Members

In a January 25 unanimous decision in the case of Noel Canning v. NLRB, the United States Court of Appeals for the D.C. Circuit provided some welcome relief…

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