Date archive: March 2014

President Directs Department of Labor to Update White-Collar Overtime Exemption Regulations

Since its enactment in 1938, the Fair Labor Standards Act (“FLSA”) has generally required employers to pay most employees overtime time and a half for all hours worked over 40 during the workweek. Of course, certain employees that are employed in “white collar” jobs are exempt because, in part, they are paid a regular salary…

FMLA Intermittent Leave

The U.S. District Court for the District of Oregon has recently held that it may be a violation of the Family and Medical Leave Act for an employer to seek medical certification for each incident of FMLA approved intermittent leave. The Act permits an employer to request recertification every 30 days of leave time. The…

Drug testing and workers’ comp claims. Do they mix?

Can an employer require an employee who is initiating a workers’ compensation claim to take a drug test? And, can the employer fire that employee if the employee refuses to take the required drug test? The Seventh Circuit Court of Appeals, says yes – maybe. The “yes” answer in this case was based on the…

Paint a Picture or Play Ping Pong? – The Seventh Circuit Provides Clarity on the Summary Judgment Standard for Discrimination Cases

On August 1, 2013, the Seventh Circuit did a great service to employment law practitioners in its jurisdiction when it provided a clear path for future summary judgment decisions. For decades, attorneys, plaintiffs, and employers have wrestled with the standard that they must overcome to have their Title VII discrimination cases decided without going to…

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