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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


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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Pick your poison: protected or unprotected leave?

Thursday, 12 June 2014 08:48


Whose decision is it to classify FMLA qualifying leave, the employer or the employee?  According to a decision by the U.S. Court of Appeals for the Ninth Circuit, so long as the employer sufficiently recognizes FMLA qualifying leave and notifies the employee of such, it is the employee’s decision to elect for the leave to be considered FMLA protected leave.  As the employee in this case discovered, refusing FMLA’s protections can bite back.


A shower a day can save your life

Monday, 02 June 2014 08:49


The U.S. Court of Appeals for the Seventh Circuit has settled a five-year class action dispute regarding whether non-mandated precautions taken by workers are compensable under the Fair Labor Standards Act (FLSA) for overtime pay. Reversing the opinion of the U.S. District Court in Wisconsin, the court of appeals found a factual dispute exists as to whether precautions recommended but not mandated by the Occupational Safety and Health Administration (OSHA), and aimed at reducing further job-related health risks, was enough to warrant compensation for the time these precautions take to perform.


Janitor sensitive to cleaning chemicals not covered by ADA

Thursday, 29 May 2014 15:11


The Sixth Circuit Court of Appeals has determined a facilities management company did not violate the ADA by terminating a janitorial employee who developed sensitivity to cleaning chemicals during her employment.


ADA claim denied where employee failed to extend medical leave prior to doctor’s release

Thursday, 03 April 2014 09:02


The U.S. Court of Appeals for the Sixth Circuit has determined an employee’s claims under the Americans with Disabilities Act (ADA) should be dismissed where the employee failed to extend his six-month medical leave and was terminated three days prior to his effort to return to work with a doctor’s release.


Transgender identity … crisis for the courts

Wednesday, 19 March 2014 09:28


Under Title VII of the Civil Rights Act of 1964 (Title VII), an employer may be liable for discrimination where it treats an individual less favorably based on that person’s gender.  A growing issue before the courts is how to examine this discrimination when it comes to transgender individuals.  Gender dysphoria, also known as gender identity disorder (GID), is a diagnosable medical condition that describes people who experience significant dysphoria with the  gender they were assigned at birth and/or the societal roles associated with that gender.  Individuals experiencing dysphoria are commonly referred to as transsexual or transgender.


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