Tag archive: court of appeals

FMLA Worker Loses Claim on Technicality

On May 22, 2015, the U.S. Court of Appeals for the Third Circuit ruled in a case presenting an FMLA claim that a 14-hour hospital stay did not qualify as an “overnight” stay in order to provide the employee with protection under the FMLA.

Just Complain To Your Harasser – Good Enough

Is it enough that an employee who is being harassed complains only to the harasser? The Sixth Circuit Court of Appeals says yes, it is enough.

U.S. Supreme Court Rejects Challenge to DOL “Administrator’s Interpretation” That Mortage-Loan Employess Are Non-Exempt Hourly Employees

In 2004, the Department of Labor (“DOL”) updated its regulations addressing the various white collar overtime exemptions. In part, the DOL identified a number of employees which may be exempt under the “administrative exemption.” One of the specific examples listed in the regulations, 29 CFR § 541.203(b), were employees “in the financial services industry,” provided such employee did not have as his or her primary duty the selling of financial products.

Supreme Court Explains Compensable Time

On December 9, 2014, the U.S. Supreme Court decided a case addressing when preliminary or postliminary activities at work are compensable under the FLSA.

FMLA Leave – Do employees have to say how long they will be gone?

The short answer – if an employee knows the duration they must tell the employer. If they don’t know the duration, they don’t have to say.

Human Rights Act Attorney Fee Awards Warning to Missouri Employers

On September 23, 2014, the Missouri Courts of Appeals ruled that a plaintiff who prevails under the Missouri Human Rights Act cannot have the award of attorney fees arbitrarily reduced based on the amount of damages awarded. The Plaintiff, a truck driver, brought a claim of constructive discharge accusing his employer of refusing to accommodate…


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