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Keeping You Posted

Recent developments in employment and labor law
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hkastrinsky

Howard Kastrinsky

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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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Another Ruling in Favor of Contraception Mandate

Monday, 26 August 2013 10:03


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Another Favorable Ruling for Contraception Mandate By Sean McLean  Under our new health care reform laws, employers offering health insurance to their employees are required to cover women's preventative health services, which include a full range of Food and Drug Administration-approved contraception methods, sterilization procedures, and patient education and counseling for women with reproductive capacity (referred to in this article as the "Contraception Mandate").  An employer's failure to comply with these requirements can result in a $100 per day penalty for each violation.  This penalty does not apply to non-profit religious organizations, as they are exempt from compliance with the Contraception Mandate.  A U.S. District Court in Pennsylvania recently determined this same exemption does not apply to a for-profit company whose owners object to the Contraception Mandate for religious reasons.

   

Supreme Court Finally Defines “Supervisor” for Discrimination Cases

Thursday, 15 August 2013 08:41


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The U.S. Supreme Court has clarified and narrowed the definition of “supervisor” in the context of employment discrimination and harassment claims, making it more difficult for employers to be held liable in cases alleging workplace harassment.

   

Timing is Everything for FMLA Eligibility

Tuesday, 13 August 2013 08:51


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A U.S. District Court in Tennessee has determined an employee’s eligibility for leave under the Family and Medical Leave Act (“FMLA”) is determined from the date the employee provides notice of the need for leave, not from the date the intended leave is scheduled to begin.  Accordingly, if an employee provides notice prior to being employed for an entire year of an intent to take leave after reaching the year of employment, the FMLA does not require the employer to grant the requested leave.

   

Failure to Follow ADA’s Interactive Process not Independent Violation

Wednesday, 31 July 2013 15:24


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The ADA requires employers to engage in a flexible, interactive process to identify reasonable accommodations for disabled employees.  When an employee requests leave from an employer under the ADA’s protections, the employer must provide a good faith effort in working with the employee to find an amenable solution.  The U.S. Court of Appeals for the Seventh Circuit recently provided employers with guidance on this ADA requirement.

   

“But-for” the Supreme Court, Retaliation claims would be motivational

Wednesday, 31 July 2013 14:33


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The Supreme Court made a promising employer-friendly decision this term regarding Title VII retaliation claims in University of Texas Southwestern Medical Center v. Nassar.

   

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