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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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The aftermath of Hobby Lobby, behind the scenes

Wednesday, 12 November 2014 09:52


One of the many trickling effects of the U.S. Supreme Court’s landmark decision in Burwell v. Hobby Lobby is an influx of cases where private employers are seeking exemptions to federal statutes through the court system.  There is another monster under the bed who is not getting as much media attention as these newly filed cases – past cases with rulings that are now inconsistent with the Supreme Court decision.


Liability for third-party harassment may be imputed to employers

Wednesday, 05 November 2014 15:19


In an unprecedented ruling for the U.S. Court of Appeals for the Fourth Circuit, (covering Maryland, North Carolina, South Carolina, Virginia, and West Virginia), the court determined an employer may be liable for a third party’s harassment of an employee when the employer knew or should have known about the harassment and failed to take action aimed at ending the harassment.


ERISA denial based on changing rationale

Thursday, 19 June 2014 14:07


Generally speaking, when an employer’s ERISA claims review board denies an employee’s claim for benefits based on differing rationales throughout the administrative review process, the circumstances suggest foul play.  Such fears only become heightened when the employer paying such benefits is also in charge of determining whether benefits should be granted at all.  Such a situation was highlighted by a recent Tenth Circuit case.  The result, however, illustrates how employers can avoid such daunting stigmas.


Pick your poison: protected or unprotected leave?

Thursday, 12 June 2014 08:48


Whose decision is it to classify FMLA qualifying leave, the employer or the employee?  According to a decision by the U.S. Court of Appeals for the Ninth Circuit, so long as the employer sufficiently recognizes FMLA qualifying leave and notifies the employee of such, it is the employee’s decision to elect for the leave to be considered FMLA protected leave.  As the employee in this case discovered, refusing FMLA’s protections can bite back.


A shower a day can save your life

Monday, 02 June 2014 08:49


The U.S. Court of Appeals for the Seventh Circuit has settled a five-year class action dispute regarding whether non-mandated precautions taken by workers are compensable under the Fair Labor Standards Act (FLSA) for overtime pay. Reversing the opinion of the U.S. District Court in Wisconsin, the court of appeals found a factual dispute exists as to whether precautions recommended but not mandated by the Occupational Safety and Health Administration (OSHA), and aimed at reducing further job-related health risks, was enough to warrant compensation for the time these precautions take to perform.


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