Showing 115 posts from 2012.

Employer’s “Honest Suspicion” of Misuse of FMLA Leave Defeats FMLA Interference and Retaliation Claims

August 7, 2012 by Hinshaw & Culbertson LLP

It's not uncommon for employers to suspect employees of misusing paid or protected leaves of absence. It is, however, quite uncommon that such misuse can actually be proven and ultimately serve as a defense for an employer in a subsequent lawsuit. Yet that's precisely what happened in Scruggs v. Carrier Corporation. More ›

NFL Player Denied Right to Workers’ Compensation Benefits in California

August 7, 2012 by Mellissa A. Schafer

Former professional football player Bruce Matthews was a 19 year veteran of the NFL who retired in 2002 when he was with the Tennessee Titans. In 2008, he filed a claim in California claiming a right to workers' compensation benefits, even though there was no specific injury in California. After the claim was filed, the Titans filed a grievance against Matthews arguing that the suit violated his employment contract which specifically provided that any workers' compensation claim would be governed by Tennessee law. Due to a binding arbitration clause in a collective bargaining agreement, the parties ultimately arbitrated the dispute. The arbitrator found the choice of law provision to be valid and controlling, and ordered Matthews to "cease and desist" with the filing in California. Subsequently, Matthews filed suit in federal court to vacate the arbitration award. The District Court denied his request and confirmed the Arbitrator's Award. More ›

Pregnancy Discrimination not Prohibited by Florida Civil Rights Act

August 6, 2012 by Hinshaw & Culbertson LLP

A Florida Court of Appeal recently determined that pregnancy discrimination is not prohibited by the Florida Civil Rights Act (FCRA).  More ›

Eighth Circuit: Police Officer Trainee not Limited to Title VII for Bringing Discrimination Claim

August 1, 2012 by Hinshaw & Culbertson LLP

In Hensley v. Sgt. Bill Brown et al., No. 11-2561, (8th Cir. July 25, 2012), a police-officer trainee claimed that while in the police academy, she was repeatedly subjected to sexually harassing comments, discriminatory actions, and physical assault by her male trainers. The trainers subsequently issued a memorandum which indicated that she would not be graduating from the academy. She then left the academy and was unable to become a police officer.   More ›

NLRB Unsuccessfully Challenges Court’s Invalidation of “Ambush Election Rule”

August 1, 2012 by Hinshaw & Culbertson LLP

As many employers may recall, the Chamber of Commerce of the United States of America (“Chamber”) filed suit against the National Labor Relations Board (“NLRB”) earlier this year in an effort to invalidate the “ambush election rule.” Essentially, the Chamber sought to invalidate the rule which it claimed would make responding to union campaigns more difficult for employers. The Chamber argued that the rule imposes drastic changes to the procedures for conducting workplace elections, which in turn deprives employers of a fair opportunity to explain the consequences of unionizing to its employees. More ›

Illinois Prohibits Employers from Seeking Facebook Passwords

August 1, 2012 by Hinshaw & Culbertson LLP

On August 1, 2012, Illinois Governor Pat Quinn signed into law a provision that amends the Illinois Right to Privacy in the Workplace Act to make it illegal for employers to ask employees or applicants for passwords or other account information related to their social networking accounts. The law also prohibits employers from demanding access to such accounts in any other manner. More ›

NLRB: Hospital’s Practice of Asking Employees not to Discuss Ongoing Investigations of Misconduct Interfered with Employees’ Rights

August 1, 2012 by Hinshaw & Culbertson LLP

The National Labor Relations Board has ordered an Arizona hospital to end its practice of asking employees not to discuss alleged employee misconduct with co-workers while the hospital is investigating the alleged misconduct. With one member dissenting, the Board made clear that it will allow an employer to limit employees’ discussion of an ongoing disciplinary investigation only if a unique justification arises during the investigation. More ›

District Court: Affordable care act does not Provide Private Cause of Action to Employee Denied Private Space for Expression of Breast Milk

July 20, 2012 by Hinshaw & Culbertson LLP

The Patient Protection and Affordable Care Act (i.e., the ACA or “Obamacare”) requires employers to provide their employees with comfortable opportunities to express breast milk while at work. Specifically, the ACA mandates that employers must provide employees with unpaid breaks during which to express breast milk as well as “a place, other than a bathroom, that is shielded from view and free from intrusion with coworkers and the public” in which to do so. 29 U.S.C. §207(r). A federal district court judge in Iowa ruled earlier this week, however, that an employee whose rights are violated under this provision may not sue her employer. Instead, she must file a claim directly with the Department of Labor, which is then charged with enforcing the rules. More ›

Eighth Circuit: Current Economic Downturn was an “Unforeseeable Business Circumstance” Under the WARN Act

July 6, 2012 by Hinshaw & Culbertson LLP

The Worker Adjustment and Retraining Notification (WARN) Act requires qualifying employers to provide written notice at least 60 calendar days in advance of plant closings and mass layoffs. An exception to the Act exists, however, for “unforeseeable business circumstances.” Under that exception, no advance notice is required when the layoff event is the result of business circumstances caused by a sudden, dramatic, and unexpected condition. In its July 2, 2012, decision in United Steel Workers Local 2660 v. U.S. Steel Corp., the Eighth Circuit approved a shortened WARN Act notice for the employer, holding that the current economic downturn fell within that “unforeseeable business circumstances” exception. More ›

NLRB: Retailer Violated NLRA by Forcing Non-Union Workers to Distribute Flyers Apologizing for Bothersome Union Organizing Efforts

June 28, 2012 by Hinshaw & Culbertson LLP

The National Labor Relations Board ruled earlier this week that an employer violated federal law when it required non-union employees to distribute fliers apologizing for union protests in front of its store. More ›

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