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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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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).

   

Employer found not liable for racial discrimination

Wednesday, 11 November 2015 11:23


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The United States Court of Appeals for the Tenth Circuit, which is based in Colorado, recently affirmed a lower court’s holding dismissing an employee’s claim for racial discrimination against his employer.

   

Nurse’s communication critical of hospital was protected by NLRA

Monday, 12 October 2015 14:07


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A nurse wrote an e-mail concerning a hospital’s nursing fellow program. The program director became enraged, suspended the nurse and then later discharged her. The hospital argued that the nurse had no NLRA protection for a communication that criticized the quality of a program that was not her responsibility.

   

When do employers need to be on-guard for age discrimination claims?

Thursday, 03 September 2015 09:19


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Across the majority of the country, federal courts view an age difference of less than ten years as insufficient to establish the basis for an age discrimination claim. For example, if a 65-year-old individual is selected for a job over a 67-year-old individual, courts will typically view that difference in ages as insubstantial. Employers should be especially aware of age discrimination law when making hiring, promotion or other employment decisions involving individuals that vary in age by ten or more years. As this case demonstrates, however, even if the difference is less than ten years, the potential for liability still exists.

   

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