Disabled Worker Not Entitled to Position Held by Temp Worker Under the ADA's Reasonable Accomodation
Oct 06, 2010
The Court of Appeals for the Tenth Circuit has ruled that the duty to reasonably accommodate a disabled employee under the Americans with Disabilities Act did not require an employer to reassign the em...
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Employee Who Did Not Reveal Depression Treatment to Employer Has No Rights Under FMLA or ADA
Oct 06, 2010
The Court of Appeals for the Eighth Circuit upheld the district court's grant of summary judgment for the employer of an employee who sued alleging his forced resignation interfered with or denied his ...
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Department of Labor Issues Regulations to Help Employees Know Their Wage and Hour Rights
Oct 06, 2010
The Department of Labor's Wage and Hour Division (WHD) recently announced that intends to issue regulations requiring employers to provide workers with information about their rights to minimum wage an...
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Wisconsin Court of Appeals Holds At-Will Doctrine Does Not Protect Employee from Termination Over Un
Oct 06, 2010
In the state of Wisconsin, unless provided for otherwise, employees are at-will, meaning "employees are terminable at will, for any reason, without cause and with no judicial remedy." However, there is...
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Social Networking Websites and Employment Litigation: Could be a Matter of Facebook Privacy Settings
Oct 06, 2010
A recent federal district court decision out of California (Crispin vs. Christian Audigier, Inc., et. al., Case No. CV 09-09509 MMM (JEMx)), reveals that access to an employee's or former employee's so...
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Wrongful Termination and At-Will Employment: Attempting Clarification Once and For All
Oct 06, 2010
One of the most common calls I get to my office from potential clients are inquiries and claims that they have been "wrongfully terminated." Most of the time when people use that term to describe their...
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Terminated or Demoted While on FMLA Leave
Sep 23, 2010
The Family Medical Leave Act provides protection for covered employees to take up to 12 weeks of leave under three specific conditions:
-for the birth and care of the newborn child of the employee;-fo...
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7th Circuit Decisions Shows That One Act Can Create a Hostile Work Environment
Sep 20, 2010
A recent decision out of the Court of Appeals for the Seventh Circuit reveals how a single act can amount to a hostile environment, if severe enough. The plaintiff, Cynthia Berry, filed a complaint wit...
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DOL Releases Fact Sheet on Break Time for Nursing Mothers Under FLSA
Sep 20, 2010
The fact sheet provides general information on the break time requirement for nursing mothers in the Patient Protection and Affordable Care Act ("PPACA"). From the fact sheet:
General Requirements
...
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Is a Law Protecting Weight Discrimination Next or Already Actionable?
Sep 19, 2010
An article in Corporate Counsel discusses weight bias in employment. Perhaps the Genetic Information Nondiscrimination Act (GINA) already covers weight discrimination? GINA defines "genetic information...
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