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Showing 7 posts from October 2014.

Case to Watch: Integrity Staffing v. Jesse Busk

The U.S. SGavel on court deskupreme Court recently heard oral arguments in a case where the fundamental question concerned whether employers have to pay workers for time spent undergoing security checks as part of their entering and or exiting the workplace. The outcome of this case will likely affect how hourly employees are compensated for tasks outside their regular work shift.

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FMLA Confidentiality Provisions Supersede OSHA Recordkeeping Requirements

The federal Occupational Safety and Health Review Commission recently issued an important ruling for employers who have to deal with conflicting reporting and confidentiality requirements under the Occupational Safety and Health Act (“OSHA”) and the Family Medical Leave Act (“FMLA”) of 1993, 29 U.S.C. §§ 2601-2654. In Secretary of Labor v. United States Postal Service, OSHRC No. 08-1547 (09/29/14), the Commission held that the FMLA’s confidentiality provisions supersede OSHA’s recordkeeping requirements. More >

Employment Law Cases To Watch During U.S. Supreme Court's New Term

The Supreme Court of the United States began its new term on Monday, October 6, 2014. Typically, the Court hears between 60-70 oral arguments per year and reviews approximately another 50-60 more cases on briefs alone. This year, there are two significant employment discrimination cases on the docket.Gavel on court desk More >

EEOC Sues Companies for Transgender Discrimination

The Equal Employment Opportunity Commission (“EEOC”) has just filed suit against two companies for alleged discrimination against transgendered employees. The suits were filed separately in Florida and Michigan, against Lakeland Eye Clinic and G.R. Harris Funeral Homes, Inc., respectively. In both cases, employees alleged that they were fired after they disclosed they were undergoing gender transitions.

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More Transparency on Horizon for Federal Contractors

The U.S. Department of Labor (“DOL”) has issued a proposed rule that would bar federal contractors from firing or discriminating against employees or applicants who discuss their pay, or the pay of their co-workers. The proposal comes after President Obama’s executive order in April, which instructed the DOL to issue a rule requiring pay transparency among federal contractors. More >

EEOC Sues Home Care Agency for GINA Violation

On September 17, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued a press release announcing it is suing BNV Home Care Agency, Inc. (“BNV”) for practices that are prohibited by the Genetic Information Nondiscrimination Act (“GINA”). More >

Sixth Circuit Vacates Decision On Telecommuting Accommodation

In May, we wrote about the Sixth Circuit’s interesting decision in Equal Opportunity Commission v. Ford Motor Co., wherein the Court expanded the instances in which a telecommuting arrangement would be considered a reasonable accommodation for disabled employees in accordance with the Americans with Disabilities Act (“ADA”).[1] More >

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