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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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Collective Action ≠ Class Action (at least at the certification stage)

Tuesday, 23 April 2013 07:51


Employers facing collective actions under the Fair Labor Standards Act received a shot in the arm from the U.S. Supreme Court earlier this month.  In Genesis Healthcare Corp. v. Symczyk, the Court held that where the named plaintiff’s claims had been mooted by the employer’s offer of judgment, the case was moot.  Under Genesis, an employer may be able to forestall a plaintiff’s ability to bring an FLSA collective action by offering to pay off that plaintiff’s individual claims.  This may provide a relatively inexpensive way to at least delay larger FLSA action and to take advantage of the FLSA’s two-year statute of limitations.  Lee Williams explains more about the case.


Pregnant Cop Causes Labor Pains for Local City

Monday, 22 April 2013 14:34


“The baby is taking a toll on you” was the one-liner that cost a sports bar in Mississippi $20,000 dollars to settle an EEOC pregnancy discrimination suit, last month.  In the last 30+ years, several laws have been enacted to protect the rights of women in the workplace during pregnancy.  The laws you are probably most familiar with are FMLA and Title VII.  However, Gina Helou writes about pregnancy discrimination under Tennessee’s Human Rights Act – a law similar to most every other States’ human rights laws – which can pack just as hard a blow as the federal laws, everyone else is watching out for.


Employer’s Misinterpretation of its Own Policy Leads to ADA Suit

Friday, 19 April 2013 09:19


The Americans with Disabilities Act (ADA) prohibits places of public accommodation from discriminating against individuals with disabilities.  Under the ADA, to be protected, an individual need not have an actual impairment; they are protected if the business “regards” them as having a physical impairment that substantially limits at least one major life activity, whether or not they actually have an impairment.  An amusement park is being sued by an individual who was denied access to a ride because he did not have fully formed hands.  Sean McLean explains how this lawsuit came about.


Court Says Employee Owns LinkenIn Account but is Not Entitled to Recover any Damages

Friday, 19 April 2013 09:05


In one of the most high profile social media ownership cases to date, a federal district court recently held that, absent a policy stating otherwise, employees are the rightful owners of their social media profiles.  Although the trial court sided in favor of the former employee, she was, however, unable to recover because she could not prove damages.

Robert Crump writes about this new development in social media.


No Such Thing as “Light Duty” Return to Work under FMLA and ADA

Wednesday, 17 April 2013 14:33


Employee who was granted a full 12-weeks of FMLA leave and subsequently accommodated under the ADA to his old position, with full seniority and benefits, sues Employer for failure to comply with both the FMLA and the ADA.

Read how in the world this case made it all the way up to the Seventh Circuit (and also who won, of course). 


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