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Employment Law

Feds file first lawsuit over new genetic-bias law

05/27/2013
The EEOC recently brought and settled its first lawsuit alleging employer misuse of a person’s genetic information. This was made illegal under the 2009 Genetic Information Nondiscrimination Act.

EEOC offers new guidance on ADA and common disabilities

05/24/2013
The EEOC has issued four revised guidance documents addressing how the ADA applies to applicants and employees with cancer, diabetes, epilepsy and intellectual disabilities.

First things first on FMLA: Check eligibility before approving leave

05/24/2013
Employers are seeing a surge in requests for intermittent leave in cases where employees need to take parents or children to medical appointments. Before you approve such a request for intermittent leave, make sure you are satisfied with the employee’s medical certification.

Employee acting strangely? When can you require a mental exam before she returns?

05/23/2013
Let’s face it: Some employees are a bit unusual. They may do a good job, but their personal quirks may make other employees feel uncomfortable. Before you rush to demand the employee get counseling or see a doctor, remember that the ADA prohibits such requests unless there is a clear business necessity for the exam.

NLRB may soon lack quorum as Obama’s nominees face opposition

05/22/2013
May 16 was a bad day for the NLRB. First, yet another federal circuit court ruled that two current NLRB members had been illegally appointed. Then, Republican senators fired opening salvos in a bid to dump the two current board members and slow down the confirmation of two new NLRB nominees. 

Fighting fire with fire: Is it wise to countersue?

05/22/2013

“Can’t we sue him for this?” That’s what many employers say after being hit with what they believe is a frivolous employee lawsuit. The First Amendment protects the rights of companies to seek such redress in court. But, in most cases, a counterclaim is not a smart move.

Can we change full-timer to part-time after maternity leave?

05/20/2013
Q. We are a small company and have seven employees. One of our employees recently went out on a leave of absence for pregnancy. During that time, we hired a replacement worker to do the same job. The replacement only worked part time, but was still able to complete work that our employee did full time. When our employee returns to work, we would like to change her job status from full time to part time. Is this legal?

Supreme Court rules FLSA class-action properly dismissed as moot

05/20/2013

The U.S. Supreme Court has ruled that a class-action lawsuit filed by a worker under the FLSA was properly dismissed because the ­worker’s suit was moot when she failed to accept an offer of judgment from her employer.

Disability-bias suit seeks promotional video captions

05/20/2013
A hearing-impaired Los Angeles man is suing the Bed Bath & Beyond retail chain, complaining that it fails to provide captions or transcripts for the promotional videos that play in the aisles of its stores.

The latest word on seats from the appeals court bench

05/20/2013
A recent court decision on the availability of seating at work suggests the best approach may be to just offer everyone a chair. It seems employees sue without actually requesting a place to sit down.