On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued an enforcement guidance on the Pregnancy Discrimination Act (“PDA”) – the first guidance the commission has issued on the subject since 1983. In this guidance, the EEOC interprets employers’ obligations under the PDA in new ways, and it may have a significant impact on how...Read More
Recently, a federal appellate court issued a decision which should make employers even more cautious in administering their FMLA policies. Suzan requested FMLA leave to care for her married, adult daughter, who was undergoing treatment for thyroid cancer. Suzan’s employer, Harbor Crest, granted her request for FMLA leave. While on FMLA leave, in the course of...Read More
Currently, same-sex spousal leave under the Family and Medical Leave Act (FMLA) is only available to employees who reside in a state that recognizes same-sex marriages. For example, an employee who validly entered into a same-sex marriage in one state, but now resides in a state that does not recognize same-sex marriages, would not be eligible...Read More
On June 19, 2014, the Supreme Court of Kentucky decided Creech v. Brown, concluding more than five years of litigation over the enforceability of an employer’s non-compete agreement. The employer lost, and Kentucky employers wishing to avoid the same fate should consider this decision carefully. Brown worked for Creech for 18 years. Creech is in the...Read More
[vc_row][vc_column][vc_column_text]This morning, the U.S. Supreme Court issued its decision in Noel Canning (NLRB v. Noel Canning, et al., 573 U.S. ___ (2014)) affirming the U.S. Court of Appeals for the District of Columbia Circuit’s decision that members of the National Labor Relations Board (“NLRB”) were inappropriately appointed by President Obama. In Noel Canning, the NLRB...Read More
Recently, the Southern District of Illinois had occasion to address what are becoming familiar requests for production of parties’ Facebook pages. See Stallings v. City of Johnston City, 2014 U.S. Dist. LEXIS 68566 (S.D. Ill. 2014). The dispute underscores the importance of making sure you and your attorney understand the types of available evidence on...Read More
[vc_row][vc_column][vc_column_text]The National Labor Relations Board’s deadline to submit briefs in Purple Communications, Inc. is June 16, 2014, signaling the Board’s decision on whether employers must permit employees to use workplace email for purposes of union organization may not be far away. In Register Guard, a decision issued under the Bush administration in 2007, the Board...Read More
Many employers have policies that prohibit employees from using the company email system for purposes that are not work related. In 2007, in a case called Register Guard, the National Labor Relations Board (“NLRB” or “the Board”) considered a challenge to such a policy on grounds that such a prohibition amounted to an infringement of the...Read More
If you are an employer who purchases background checks for employment purposes, then a new Technical Assistance Document (TAD) issued on March 10, 2014, is a must-read for you. The Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) joined together to issue informal guidance regarding the legal pitfalls employers face when making personnel...Read More
[vc_row][vc_column][vc_column_text] The U.S. District Court for the Middle District of Florida recently denied a National Labor Relations Board (NLRB) Regional Director’s petition for an injunction against a national transportation company because the NLRB did not demonstrate that the alleged unfair labor practices caused employee support for the Union to decline to the point where awaiting...Read More
