Townsend v. Benjamin Enterprises, Inc., No. 09-0197 (2d Cir. May 9, 2012). Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), [...]
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Blog Archives
Facebook “Likes” Are Not Protected Speech Under the First Amendment
May 11, 2012
Bland v. Roberts, 2012 WL 1428198, (E.D. Virginia April 24, 2012). Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009. Roberts was running for re-election during 2009 and several of the employees allegedly “liked” Roberts’ opponent [...]
Equal Employment Opportunity Commission Ruling Protects Transgender Individuals
May 4, 2012
Macy v. Holder, Appeal No. 0120120821, Agency No. ATF-2011-00751 (April 23, 2012) On April 23, 2012, the Equal Employment Opportunity Commission (“EEOC”) held in a landmark decision, that transgender individuals who are discriminated against may now have recourse under Title VII of the Civil Rights Act of 1964, which generally prohibits employment discrimination “based on [...]
NLRB Temporarily Enjoins Notice Requirements In Response to Conflicting Decisions
April 19, 2012
Chamber of Commerce of the United States v. NLRB, Case No. 2:11-CV-02516-DCN (D.S.C. April 13, 2012). It seems that Friday the 13th was definitely an unlucky day for the National Labor and Relations Board (“NLRB”); a Federal District Court for South Carolina held that the NLRB exceeded its authority by issuing a rule requiring employers [...]
Employment Litigation in Review #5
April 17, 2012
Ninth Circuit Rules that Attendance is Essential Job Function For NICU Nurse Under ADA Samper v. Providence St. Vincent Medical Center, Case No. 10-35811___ F.3d ___ (9th Cir., April 11, 2012). On April 11, 2012, the U.S. Court of Appeals for the Ninth Circuit upheld summary judgment for the defendant when it ruled that a [...]
U.S. Supreme Court Determines that State Employees Cannot Sue under the FMLA’s Self-Care Provisions
March 23, 2012
Coleman v. Court Of Appeals of MD., 566 U. S. ____ (2012). On March 20, 2012, the U.S. Supreme Court held in Coleman v. Court of Appeals of Maryland that states are immune from lawsuits under the self-care provisions of the Family and Medical Leave Act (“FMLA”). This case involves the employment of Plaintiff-Petitioner Daniel [...]
Employment Litigation in Review #4
March 14, 2012
It’s been over a month since our last employment review, so here are some updates that have recently occurred in the employment and labor field. U.S. District Court in the District of Columbia Upholds NLRB’s Posting Rule National Association of Manufacturers, et al. v. National Labor Relations Board, et al., 1:11-CV-01629 (U.S.D.C. March 2, 2012) [...]
U.S. Equal Employment Opportunity Commission Releases Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers
February 29, 2012
Recently, the Equal Employment Opportunity Commission (“EEOC”) published Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers. According to agency, the guide “describes how theADA applies to recruiting, hiring, and accommodating veterans with disabilities, and briefly explains how protections for veterans with disabilities differ under USERRA and theADA. The guide also provides information [...]
Fourth Circuit Holds Employee Was Not Disabled Under ADA Because Able to Work 40 Hours Per Week
February 23, 2012
Boitnott v. Corning Incorporated, Case No. No. 10-1769 (4th Cir. February 10, 2012) On February 10, 2012, the 4th U.S. Court of Appeals joined a majority of the other circuits who have ruled that an individual’s inability to work overtime hours is not a “substantial limitation” that would entitle him to the protections of the [...]
What’s in Your Employee Handbook?
February 17, 2012
Employers should always have an employee handbook. Generally, where a company does not have a handbook, it risks increased litigation, especially since both the FMLA and COBRA require policies detailing an employee rights under those acts. Further, some states (e.g.New York) require employers to have policies concerning leave or workplace smoking. There are many advantages [...]