Where a federal government employee’s depression resulted in repeated absences and tardiness from work, her employer’s refusal to offer her a permanent position did not constitute unlawful discrimination or retaliation. Background In March 2011, the Office of the Director of ...Read More »
It’s fleetingly rare to see a federal judge overturn an arbitration award, much less see one do so with the enthusiasm displayed by U.S. District Court Judge Bruce Howe Hendricks in a decision last month. Hendricks pointedly overturned an award ...Read More »
From cross-dressing office workers and litigious strippers to employees who can toke like Cheech and Chong, the challenges employers face navigating employment and labor law are anything but boring these days. Lifestyle issues once taboo in the workplace are spilling out from behind closed doors and into the mainstream, and the law is responding in a perpetual game of chase.
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BOSTON — Employment attorneys say that they have seen an increase in disability-related charges since final regulations under the Americans with Disabilities Act Amendments Act went into effect more than a year ago. Lawyers say they have also noticed a dramatic change in the Equal Employment Opportunity Commission’s approach to disability bias investigations.Read More »
The U.S. Supreme Court's recent ruling that oral complaints about workplace conditions made to a company supervisor are covered by the anti-retaliation provision of the Fair Labor Standards Act has employment lawyers taking notice. The decision in Kasten v. Saint-Gobain Performance Plastics Corp. not only clarifies the protections against retaliation in the FSLA, it could also apply to other statutes with similar wording. Plaintiffs' attorneys cheered the ruling, which is the latest in a series of employee wins in retaliation claims before the court.Read More »
Is texting while driving a mere craze or is it sheer crazy? With hundreds of people dying annually in cell phone-related auto crashes nationwide, federal authorities seem to think it's not just a craze and now have anti-texting guidelines that apply to businesses nationwide. For South Carolina employers, that means it's time to work up written policies against text messaging. The idea is to keep businesses' potential liability as low as possible, say two Palmetto State employment lawyers.Read More »
Overruling 15-year-old precedent, the state Supreme Court has held that school administrators do not have the right to a hearing to contest reductions in pay or reassignments under the Teacher Employment and Dismissal Act. The justices made the ruling in an answer to a certified question from the U.S. District Court in a lawsuit brought by a former Fairfield County deputy superintendent for human resources. Attorney Carol B. Ervin (pictured) said the plaintiff made both federal due-process and state-law claims against the district, but the federal and state claims were bound together. "The issue of whether or not the plaintiff had any due-process rights turned on whether or not she had a property interest in her position and entitlements."Read More »