Showing 165 posts from 2013.

California Court Finds Compensation Scheme does not meet Salary Basis test, Denies Exemption

May 17, 2013 by Hinshaw & Culbertson LLP

The California Court of Appeals recently considered whether a compensation scheme which is based solely upon the number of hours worked, with no guaranteed minimum, may be considered a “salary” within the meaning of wage and hour laws.  More ›

Third Circuit: Appointment of NLRB Member During Intrasession Break not Valid

May 17, 2013 by Hinshaw & Culbertson LLP

In an ongoing and continuing discussion and battle concerning President Obama’s recess appointment of Craig Becker as a member of the National Labor Relations Board back in 2010, the Third Circuit Court of Appeals has weighed in, holding that the appointment was invalid, and that the board panel which included Becker therefore lacked a valid quorum. The Third Circuit Court of Appeals considered this issue because the Board issued a bargaining order to a nursing facility, which the facility claimed was invalid due to lack of quorum.  More ›

Employer’s Required Fitness-For-Duty Exam did not Violate ADA

May 10, 2013 by Hinshaw & Culbertson LLP

The employee worked as a customer service representative at a call center for the employer. He was responsible for monitoring the performance of frontline call center associates and regularly worked from home.   More ›

Employee’s Need for time off for Medical Reasons does not Protect her from Termination

May 9, 2013 by Hinshaw & Culbertson LLP

The Seventh Circuit Court of appeals recently affirmed summary judgment for the employer on an employee's ADA and FMLA claims. In this case, the employee was terminated after she was absent many times due to symptoms (and the ultimate diagnosis) of multiple sclerosis. She was unable to adhere to the company's attendance guidelines, was not eligible for leave, and could not perform the essential functions of her job (e.g., attendance) even with reasonable accommodation.  More ›

Court Finds Epileptic Employee not "Qualified Individual" Under ADA or Missouri Law

May 8, 2013 by Hinshaw & Culbertson LLP

A mammography technician with epilepsy had suffered numerous seizures at work. The technician suffered epileptic seizures unpredictably, and they caused her to lose orientation and muscle control, which led to falls and injuries. The risk of injury to the technician and patients was too great, and the employer placed her on paid administrative leave. The employer thereafter made various other accommodations in order to eliminate environmental triggers to her seizures. Though she returned to work, the seizures continued. Her continued seizures and failure to find a accommodation led to the employer placing the technician on unpaid administrative leave. Once she began taking medicine to help control her seizures, the employer offered to reinstate her, but she refused.  More ›

D.C. Circuit Court Strikes down NLRB Posting Rule

May 8, 2013 by Hinshaw & Culbertson LLP

The National Labor Relations Board (“Board”) had previously passed a rule that employers who were subject to its jurisdiction were required to post on their properties and websites a “Notification of Employee Rights under the National Labor Relations Act.” The posting basically advises employees of their rights to:  More ›

Seventh Circuit: Physician’s State-Court suit Challenging Denial of Privileges Precluded Subsequent Federal Discrimination Claim

May 7, 2013 by Hinshaw & Culbertson LLP

The Seventh Circuit Court of Appeals has reminded one Illinois physician that he only gets one bite at the apple when it comes to federal discrimination claims— and the case presents a unique and potentially powerful new defense for employers of physicians and other regulated professionals. The case, Dookeran v. County of Cook, No. 11-3197 (7th Cir. May 3, 2013), arose when the defendant hospital denied the plaintiff physician’s reappointment following his two-year review, during which he acknowledged for the first time that he had been reprimanded by his former employer for creating a hostile work environment. The physician subsequently filed suit in Illinois state court requesting judicial review of the hospital’s decision under a writ of common-law certiorari and, at the same time but in a separate EEOC action, he lodged charges of race and national origin discrimination. The Illinois courts upheld the decision to deny his privileges in the certiorari suit. Shortly after that state court proceeding had concluded, however, the physician received an EEOC right-to-sue letter and filed a second lawsuit against the hospital in federal court.  More ›

Attorney fees not Available in Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

May 6, 2013 by Hinshaw & Culbertson LLP

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have made the “same decision,” regardless of the impermissible motive. But the employer may still be compelled to reimburse the plaintiff’s costs and attorney fees. More ›

Third Circuit Upholds Termination of Employee for Dishonesty About Drug Addiction on a Post-Offer Medical Questionnaire

April 30, 2013 by Hinshaw & Culbertson LLP

A hospital-employer hired the employee as a security guard. On his post-offer medical questionnaire, the employee affirmatively stated that he had never suffered from drug or alcohol addiction in the past nor participated in a drug and alcohol treatment program. More ›

“Insomnia” Insufficient Basis for ADA and FMLA Claims

April 29, 2013 by Hinshaw & Culbertson LLP

In this case, the attorney claimed that her employer's denial of her reduced-work-schedule request constituted both an unlawful failure-to-accommodate under the Americans with Disabilities Act (ADA) and unlawful interference with her right to take leave under the Family and Medical Leave Act (FMLA).   More ›

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