Supreme Court Vacates fourth Circuit in UPS Pregnancy Discrimination case, but Rejects EEOC's "Most Favored Employee" Argument

March 26, 2015 by Aimee E. Delaney

Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc.That wait is over as the Supreme Court issued a divided opinion yesterday. The majority opinion vacated the 4th Circuit Court of Appeals decision that had affirmed summary judgment in UPS's favor in a suit that arose out of the company's decision to deny leave to a pregnant driver in accordance with the terms of its leave provisions set out in a collective bargaining agreement.   More ›

Supervisor's "Hitler" Comment not Enough to Create Hostile work Environment

March 24, 2015 by Hinshaw & Culbertson LLP

Does a single incident create a hostile work environment? Just this month, the U.S. Court of Appeals for the Fifth Circuit held that one offensive comment was insufficient to create a hostile work environment. More ›

Lie Rejecter: Employer's Fraud Defense to Disabled Employee's Claim Fails

March 20, 2015 by Hinshaw & Culbertson LLP

It's no secret that in formulating their defense to employment claims, employers often seek to discredit employees' allegations through the employees' own contradictory statements or positions taken. This issue arises most frequently in the disability discrimination context, where, to prevail, an employee must prove that he was able to perform the essential functions of his position, with or without accommodation. But if the employee has sworn to another entity, agency, or court that he is disabled and therefore incapable of working (so that he can get certain unemployment or disability benefits, for example), does this seemingly obvious contradiction sound the death knell on his discrimination claim? Maybe not. More ›

"Unconscionable" to Provide Arbitration Agreement to Dancers While "Mostly Naked"

March 18, 2015 by Hinshaw & Culbertson LLP

Not surprisingly, a court has found that employers should probably not present (and potentially force execution of) important legal documents to employees while they are mostly naked.  This shouldn't be too much of a stretch for most employers, but the reasoning behind the court's ultimate decision could have more far-reaching implications for all employers. More ›

Employment Status of Cosmetology Students is not so cut and Dry

March 15, 2015 by Hinshaw & Culbertson LLP

The issue of whether "interns" are employees entitled to wages has been at the forefront of employment litigation over the past couple of years. Similar to interns, cosmetology students are now filing suits against their schools, claiming entitlement to wages for hours spent performing cosmetology services as a part of their curriculum and in order to obtain their state licenses. Not surprisingly, courts across the country have reached different results in this dispute.  More ›

Oakland Minimum Wage and Sick Leave Requirements take Effect this Week

March 7, 2015 by Peter J. Felsenfeld

Employers in Oakland, California take note: A voter-approved measure raising Oakland's minimum wage and creating sick leave requirements for workers in the City went into effect this week. If you have employees in Oakland, review your policies and practices to make sure you are in compliance! More ›

Employee's case Dismissed After Suing Wrong Employer Defendant

March 6, 2015 by Hinshaw & Culbertson LLP

Often times, employees name parent companies and other affiliated entities when suing their employers, seeking to hold responsible anyone and everyone who could possibly be construed to be the "employer" for the purposes of employment law related claims. That plan backfired on a New York employee, after she attempted to recover from a holding company who really had no employment relationship with the employee. More ›

Wilting Under a White-Hot Spotlight, Saks Settles Transgender Case

March 5, 2015 by Hinshaw & Culbertson LLP

Saks Fifth Avenue has settled a transgender discrimination case in Texas that garnered the company much unwanted attention.  More ›

The Dangers of Reimbursing Employees for Individual Health Insurance Premiums — and the Limited Relief for Small Employers

March 3, 2015 by Anthony E. Antognoli

Prior to the passage of the Affordable Care Act ("ACA") in 2010, employers were able to reimburse their employees for the premiums those employees paid for individual health insurance. This long-standing practice was changed beginning in 2014 with the issuance of new guidance from the Internal Revenue Service and Department of Labor. Under that guidance, such "employer payment plans" are deemed to be noncompliant with the market reforms implemented under the ACA. The penalties for failure to comply with the market reforms can be severe — as much as $100 per employee, per day. More ›

Delivery Driver Loses Harassment Claim for Failing to Follow Complaint Procedure

March 2, 2015 by Hinshaw & Culbertson LLP

It's important for employees to follow company policy, but it's even more important for employers to have those policies in the first place. In this case, the Fifth Circuit dealt a harsh blow to an employee who complained, but complained to the wrong people. More ›

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