ELB
Showing 33–48 of 258 results
-
Together we stand … or not – Workers contest enforceability of class action waiver
March / April 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 652
Abstract: In Morris v. Ernst & Young, LLP, employees argued that their employer had violated the National Labor Relations Act (NLRA) when it tried to enforce waivers prohibiting them from bringing a class action suit. This article describes how the Ninth Circuit weighed the National Labor Relations Board’s interpretation of the NLRA and the employer’s interpretation of the Federal Arbitration Act to reach a decision. Morris v. Ernst & Young, LLP, No. 13-16599 (9th Cir.)
-
EEOC goes head-to-head with race-neutral grooming policy
March / April 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 741
Abstract: Does Title VII protect employees from discrimination based on their hairstyles? That’s the question taken up by the Eleventh Circuit when an employer with a race-neutral grooming policy rescinded an offer to a job applicant who refused to cut her hair. This article summarizes the case. Equal Employment Opportunity Commission v. Catastrophe Management Solutions, No. 14-13482, September 15, 2016 (11th Cir.)
-
Burning question: Do physical tests discriminate against women?
March / April 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 625
Abstract: Recently, the Seventh Circuit decided whether the City of Chicago discriminated against paramedic job applicants in violation of Title VII. The applicants claimed that a physical test disparately impacted women and that the city had a discriminatory intent when it implemented the test. This article discusses the case and its outcome. Ernst v. City of Chicago, Nos. 14-3783, 15-2030, September 19, 2016 (7th Cir.)
-
Buyer beware – Employee contracts aren’t always conveyable
March / April 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 968
Abstract: When companies are sold, the seller’s contracts usually transfer to the buyer — but not always. This article looks at an Eighth Circuit case where an acquiring company claimed that employees had violated their former employer’s noncompete and confidentiality agreements by going to work for a competitor. The employees contended that the contracts were conveyed without their consent. A sidebar discusses a similar case in a different jurisdiction. Symphony Diagnostic Services No. 1 Inc. v. Greenbaum, No. 15-2294, July 6, 2016 (8th Cir.) Roeder v. Ferrell-Duncan Clinic, Inc., 155 S.W.3d 76 (Mo. Ct. App. 2004) Hedgeye Risk Management, LLC v. Heldman, No. 16-0935, July 8, 2016 (D.C.)
-
ADA accommodation – Improper paperwork doesn’t excuse employers
January / February 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: When is an employer doing enough to accommodate an employee under the Americans with Disabilities Act? The employer in a case before the Tenth Circuit learned the hard way that it wasn’t. This article explains why the court found that the employer’s inconsistent reasons for terminating the employee could be pretext. Foster v. Mountain Coal Company, No. 15-1025, July 26, 2016 (10th Cir.)
-
Why employers must set harassment policies in motion
January / February 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 641
Abstract: Recently, the Fifth Circuit Court of Appeals decided whether a trial court had erroneously granted summary judgment in favor of an employer in a Title VII sexual harassment claim. At issue in the case was whether the employer, simply by having a harassment policy, had done enough to prevent claims. This article relates the details and urges employers to clearly explain their harassment policies to employees. Pullen v. Caddo Parish School Board, No. 15-30871, July 20, 2016 (5th Cir.)
-
Dead end – Discrimination case bumps up against limits of Title VII
January / February 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 751
Abstract: Both employees and employers may be surprised to learn that sexual orientation isn’t a protected class under Title VII of the Civil Rights Act. When an employee accused her former employer of discrimination, she encountered unexpected obstacles. This article summarizes the Seventh Circuit Court case and explains why the appeals court couldn’t entertain the employee’s claim. Hively v. Ivy Tech Community College, South Bend, No. 15-1720, July 28, 2016 (7th Cir.)
-
What makes a leader an executive? Appeals court considers a key FLSA exemption
January / February 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 956
Abstract: Overtime pay under the Fair Labor Standards Act (FLSA) continues to be a contentious issue in U.S. courts. This article discusses a recent case in which the Eighth Circuit decided whether employees who worked as team leaders fell under the FLSA’s executive exemption. The case hinged on whether the employees’ hiring and firing recommendations had “particular weight.” A sidebar describes a similar case where a court couldn’t make a conclusive determination. Garrison v. ConAgra Packaged Foods, Nos. 15-1177/15-1428, August 15, 2016 (8th Cir.) Lankford v. Double Eagle Sports and Events, No. 14-cv-0083, March 10, 2016 (N.D. AL)
-
Where’s the proof? Why successful discrimination claims require support
November / December 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 548
Abstract: For an employee to receive equitable relief on a Title VII discrimination claim, the individual must be able to prove damages. This article discusses an Eighth Circuit case in which the employee claimed discrimination based on his Mexican ancestry, yet failed to set forth a prima facie case for equitable damages. Specifically, he asked for job reinstatement and compensatory pay, which the court denied. Olivares v. Brentwood Industries, No. 15-2674, May 13, 2016 (8th Cir.)
-
Employers: Exhaust all options before taking adverse action
November / December 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 602
Abstract: Employers must do more than pay lip service to the Americans with Disabilities Act (ADA): They must exhaust administrative remedies before taking adverse action. This article looks at a Fourth Circuit case involving an employer that required all job applicants to submit to a drug test — and the applicant who claimed his test results were handled unfairly. Lisotto v. New Prime, Inc., No. 15-1273, May 3, 2016 (4th Cir.)
-
Great expectations – Employee requests pregnancy accommodation — with mixed results
November / December 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 822
Abstract: Employers should always be careful when weighing pregnancy accommodation requests, even when they’re following facially neutral policies. As this article shows, an employer must do more than provide nondiscriminatory reasons for its failure to accommodate a pregnant worker. It should ensure its policies don’t significantly burden one class of employees. Legg v. Ulster County, No. 14-3636, April 26, 2016 (2nd Cir.) Young v. United Parcel Service, Inc., No. 12-1226, March 25, 2015 (U.S.)
-
Outcome of employee classification suit hinges on discord
November / December 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 949
Abstract: Employee or independent contractor? It’s a question few employers can afford to ignore when classifying workers. This article summarizes a case in which the D.C. Circuit considered whether a National Labor Relations Board determination that musicians were employees, not independent contractors, should be upheld. A sidebar explores a related case about whether the workers were entitled to Americans with Disabilities Act and Title VII protections. Lancaster Symphony Orchestra v. National Labor Relations Board, No. 14-1247, April 19, 2016 (D.C. Cir.) Lerohl v. Friends of Minnesota Sinfonia, No. 03-292, Nov. 3, 2003 (8th Cir.)
-
Reductions in force may be warranted; discrimination never is
September / October 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 577
Abstract: The decision in a recent Second Circuit case is instructive for employers that are trying to conduct reductions in force without triggering lawsuits under the Age Discrimination in Employment Act. Among other things, this article talks about what plaintiffs must provide to establish a prima facie case of discrimination. Friedman v. Swiss Re America Holding Corp., No. 15-1155, Mar. 18, 2016 (2nd Cir.)
-
The administrative exemption: When is an employee owed overtime?
September / October 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 963
Abstract: This article covers a Sixth Circuit case where the court decided whether loan underwriters were — as their former employer argued — exempt from overtime under the administrative exemption of the Fair Labor Standards Act. The court considered whether the employees met the three elements of working in a bona fide administrative capacity. A sidebar describes a similar case where the Fourth Circuit reached a different decision. Lutz v. Huntington Bancshares, Inc., No. 14-3727, March 2, 2016 (6th Cir.) Calderon v. GEICO General Insurance Company, No. 14-2111, Dec. 23, 2015 (4th Cir.)
-
Unclear job descriptions can lead to ADA claim confusion
September / October 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 627
Abstract: When an employee was driven out of her job she sued her employer for failing to accommodate her disability. The trial court granted summary judgment in favor of her employer, but the Fourth Circuit had a different opinion. This article outlines the facts of the case and explains why the appeals court reversed the trial court. Stephenson v. Pfizer, Inc., No. 14-2079, March 2, 2016 (4th Cir.)
-
ADA claim – Even accommodating employers may risk litigation
September / October 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 806
Abstract: Employers can offer accommodations to disabled employees and still be sued for violation of the Americans with Disabilities Act. Recently, the Eighth Circuit was tasked with deciding whether, when an employee was transferred to a new position as an accommodation, but didn’t want the job, it was an adverse action. This article summarizes the case and reminds employers that accommodation should be an interactive process. Kelleher v. Wal-Mart Stores, Inc., No. 15-2015, Mar. 31, 2016 (8th Cir.)