Supreme Court Hears Arguments in “Supervisor” Liability Case
On August 26, 2012, the Supreme Court heard arguments in the case of Vance v. Ball State University, in which the parties are asking the Court to determine the definition of “supervisor.” (Our previous blog post on this case can be found here).
Hospital Avoids Liability Under FLSA with “Reasonable Process”
A recent decision by the United States Court of Appeals for the Sixth Circuit highlights the importance of well-drafted time-reporting policies and procedures. In White v. Baptist Memorial Health Care Corp., a nurse sued her employer under the Fair Labor Standards Act (FLSA) for lost wages. She alleged that the hospital’s timekeeping system automatically deducted time for an unpaid meal break, even though the hospital often required her to skip it or cut it short.
Hospice Settles Whistleblower Case for $1.86 Million
The federal False Claims Act (FCA) provides incentives for employees to report employers that commit fraud by submitting false claims for federal funds. A recent case involved a company that provides hospice care, which agreed to pay more than $1.86 million to the government to settle a lawsuit brought by two former employees under the whistleblower provisions of the FCA.
Will Employees Still be Drug-Tested for Marijuana?
In November's elections, Colorado and Washington state legalized the recreational use of marijuana. Many employers, however, that now prohibit their employees from using marijuana plan to continue prohibiting marijuana use – and to continue doing drug testing.
Supreme Court Hears Arguments in “Supervisor” Liability Case
On August 26, 2012, the Supreme Court heard arguments in the case of Vance v. Ball State University, in which the parties are asking the Court to determine the definition of “supervisor.” (Our previous blog post on this case can be found here).
Poll: Dissatisfaction With Workplace Stress High
Most workers in the U.S. believe their jobs are too stressful. In a recent Gallup poll, 33% of workers said they were totally dissatisfied with the amount of on-the-job stress they experience. An additional 37% were somewhat satisfied. Only 29% were completely satisfied with the amount of stress they deal with at work.
New Guidance Clarifies DOJ and SEC’s Position on FCPA
Those who have been waiting for further guidance on the Foreign Corrupt Practices Act (FCPA) can finally rejoice. The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have issued a new resource guide that clarifies their position on the FCPA. Among the important subjects the guide addresses are (1) the definition of a foreign official, (2) gifts and entertainment, and (3) the hallmarks of an effective corporate compliance program.
English-Only Policies Must Have “Business Necessity”
Some employers have policies that require employees to speak English while at work, which naturally raise questions of discrimination. The Equal Employment Opportunity Commission (EEOC) and some courts have adopted a “business necessity” rule for English-only policies in the workplace.
Termination Policy Proves Costly for Trucking Firm
Trucking firm Interstate Distributor Company recently agreed to pay $4.85 million to settle a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) that alleged that Interstate had violated the Americans with Disabilities Act (ADA). The EEOC claimed that Interstate had a policy requiring the automatic termination of employees who could not fully resume their duties after taking a 12-week leave of absence.
Rite Aid Pays $250,000 in ADA Settlement
Employers relying on a medical opinion to fire an employee should know that the Equal Employment Opportunity commission (EEOC) does not consider all medical opinions to be equally valid. After drugstore chain Rite Aid fired an employee with epilepsy, the EEOC sued, claiming that the firing violated the Americans with Disabilities Act (ADA). Even though an occupational health doctor had examined the employee and pronounced him unfit for duty, the EEOC claimed that Rite Aid ignored evidence from a more qualified medical specialist. Rite Aid agreed to pay a quarter of a million dollars to settle the case, which also involved allegations of retaliation.
