Tag archive: employee

FMLA – Curing a Deficient Medical Certification

Your employee requests Family Medical Leave and presents you with a medical certification that is deficient. What do you do?

Can you Fire Someone for a Facebook Post?

The NLRB recently told an Illinois hotel – NO!

A banquet server at the hotel gathered with other employees in the hallway for a break during a work day that had already lasted 14 hours. The server posted a photograph of the workers on her Facebook page, adding the comment “That’s how we work at TPCC.” The photo made it appear several employees were not working, but the server later testified that she was making a joke about employees who had already worked very hard that day. Several co-workers posted comments on the post.

EEOC Must Try to Conciliate

Before suing an employer, the EEOC must first endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation and persuasion. 42 U.S.C. 2000e-5. The MaEEOC may only file suit after determining that attempts to conciliate have failed.

Suspicions and Assumptions About an Applicants Religious Practices Can Lead to Title VII Liability for Employers

The Supreme Court recently ruled in E.E.O.C. v. Abercrombie & Fitch Stores, that a job applicant only had to show that the need for a religious accommodation was a motivating factor in the prospective employer’s decision to not hire the applicant in order to prove a violation of Title VII of the Civil Rights Act, and not that the employer had actual knowledge of the applicants need for an accommodation based upon one’s religious practice. Title VII prohibits a prospective employer from refusing to hire a applicant because of the applicant’s religious practice when the practice could be accommodated without undue hardship.

DOL Proposes to More Than Double Minimum Salary Requirement

To be classified as an employee exempt from overtime, an employee must perform certain exempt duties and responsibilities, such as those customarily performed by an executive, professional or administrative employee. In addition to performing the requisite managerial duties, an employer is required to pay the individual a minimum guaranteed weekly salary. If the employee does not receive this minimum weekly salary, the employee is treated as an hourly employee, regardless of their duties, and must be paid overtime for all hours worked in excess of 40 hours during the workweek.

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.

Leave My Tips Alone!

The California adult nightclub Paradise Showgirls will have to pay more than $6.5 million to dancers who were required to turn over a portion of their tips to their employer. The Court found that under California law, any money handed directly from a customer to a dancer belongs to the dancer. The nightclub required the dancers to give a portion of these tips to the nightclub.

OSHA Updates Required Poster

While the requirement that an employer must post a notice outlining the employer’s responsibilities and an employee’s rights under the Occupational Safety and Health Act is not new, OSHA has updated the required posting which must be displayed by an employer in a conspicuous place where employees can see the poster in the workplace. In addition to providing an updated poster, OSHA has also prepared a version written in Korean, Nepali, Spanish, Chinese, Polish, and Portuguese.

Employer Alert: Check Your Non-Compete Agreements — Are They Assignable?

Timm Schowalter

Recently, the United States District Court for the Western District of Missouri addressed whether non-compete agreements are automatically assignable in an asset purchase. The court found the agreements to be unenforceable on account of the employees who signed them had not contemporaneously assented to their assignment when their employer sold its assets to another company. Symphony Diagnostic Services No. 1, Inc. d/b/a MobileXUSA v. Greenbaum, No. 13-4196 (W.D. Mo. March 16, 2015). In MobileXUSA, the determinative fact was the agreements did not have an assignment clause allowing an employer to freely assign the agreements to a subsequent company.

Who is the Employer in a Title VII Claim?

In a Contractor and Subcontractor Relationship, Who is the Employer? The 7th Circuit Clarifies the Standard for Showing “Indirect Employer” Status Under Title VII.

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