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Keeping You Posted

Recent developments in employment and labor law
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hkastrinsky

Howard Kastrinsky

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Chris Barrett


Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Employer held not liable for FMLA interference and retaliation claims

Tuesday, 05 April 2016 09:12


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Just three days before the plaintiff was scheduled to return to work from medical leave for knee replacement surgery, her position was eliminated. The employer terminated the plaintiff’s position as part of an ongoing reduction in force. The plaintiff alleged her termination violated the Family and Medical Leave Act (“FMLA”), and the employer moved for summary judgment.

   

Employer held not liable for failure to accommodate

Monday, 07 March 2016 10:58


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An employer was sued by the Equal Employment Opportunity Commission for allegedly failing to accommodate an employee. The lower court found in favor of the employer, holding that the employee was not a qualified individual. The EEOC appealed.

   

Claim for overtime pay sent to jury

Thursday, 04 February 2016 11:40


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The Eighth Circuit Court of Appeals remanded a claim for overtime pay back to the trial court, as questions of fact existed as to whether the plaintiff-employee met the administrative exemption under the Fair Labor Standards Act (FLSA).

   

Tennessee Supreme Court holds no cause of action for retaliatory failure to hire

Wednesday, 06 January 2016 12:14


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The Tennessee Supreme Court ruled that a job applicant does not have a cause of action under the Tennessee Workers’ Compensation Act against a prospective employer for failure to hire if the employer’s refusal was based on the fact that the applicant had filed, or was likely to file, a workers’ compensation claim against a previous employer.

   

Court Interprets FMLA’s two-year statute of limitations in progressive discipline case

Wednesday, 09 December 2015 14:17


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The employee worked for the Illinois Department of Corrections (IDOC) from 1995 until she was terminated on October 15, 2010. The employee was terminated because she accumulated too many unauthorized absences. In this case, the employee challenged the classification of three of her absences as “unauthorized” on the ground that these absences qualified as protected leave under the Family Medical Leave Act (FMLA).

   

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