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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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Employer defeats FLSA claim based on lack of knowledge

Thursday, 13 February 2014 11:55


Typically, an unpaid wages case under the Fair Labor Standards Act (FLSA) ends with the employer paying out back wages to employees who insist they were not paid the appropriate minimum wage and any applicable overtime hours for time worked but not compensated.  The U.S. Court of Appeals for the Seventh Circuit, however, ruled in favor of the employer where an employee claimed he often began work before his shift time started, the employer knew he worked these additional hours, and the employer still failed to compensate him for this time in violation of the FLSA.


Arbitration Clauses in Employment Applications may be Unfair in Certain Circumstances

Monday, 03 February 2014 09:35


When the U.S. Supreme Court announced a sweeping decision regarding the validity of arbitration agreements this year, it appeared the issue was dead. Most observers thought resistance to arbitration agreements was futile, and employees should just accept such agreements as part of the fabric of employment.


“Inartfully worded” Instant Messages did not Support Claims of Age Discrimination

Monday, 27 January 2014 10:11


Although ultimately finding no evidence of age discrimination, the U.S. Court of Appeals for the Tenth Circuit has considered whether instant messages between human resources professionals containing questionable euphemisms or acronyms could support a claim of age discrimination.


False Positive Drug Test may not Support ADA Claim

Friday, 17 January 2014 08:49


The U.S. Court of Appeals for the Sixth Circuit has determined under certain circumstances an employer does not necessarily violate the Americans with Disabilities Act (ADA) for terminating an employee for testing positive for marijuana use on a drug test even where the employee presents proof the test may have been a false positive due to medication taken by the employee.  The result in this case may have been due largely to the employee’s failure identify the nature of his disability and the lack of proof the positive test was actually a false positive.


The Whiff of the Cat’s Paw

Tuesday, 14 January 2014 12:23


What happens when a disgruntled former employee with numerous performance issues tries to shove the cat’s paw theory of liability in the former employer’s face?  Not much if the case is in the U.S. Court of Appeals for the Tenth Circuit.  In a recent decision further contributing to the development of the cat’s paw theory following the United States Supreme Court’s landmark decision on the issue in 2011, the Tenth Circuit held it is okay for a supervisor who may be biased to get the ball rolling on an investigation, so long as the investigator independently verifies facts.


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