“Locker Room” talk in All-Male Workplace Sexual Harassment, Fifth Circuit Rules

October 14, 2013 by Hinshaw & Culbertson LLP

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed the EEOC a victory that serves to expand the meaning of what constitutes sexual harassment under Title VII of the Civil Rights Act of 1964. In the September 27, 2013, en banc ruling, a 10-6 majority held that the crude sexual banter and ribbing of a heterosexual male worker by a heterosexual male supervisor could constitute sexual harassment under Title VII. More ›

Unpaid Intern is not an Employee, Cannot Maintain Hostile Work Environment Claim

October 8, 2013 by Hinshaw & Culbertson LLP

A broadcast and digital journalism student began working at a Chinese-language news station as an unpaid intern. As an intern, she reported directly to the bureau chief, assisted the bureau’s reporters with shooting news footage, drafted scripts, edited videos, and appeared on camera to present certain stories. The intern sought a full-time position and was told that she may be able to obtain a permanent position later if she could obtain a work visa. More ›

Federal Court: Teacher’s Anxiety About Losing her job was an ADA Disability

October 7, 2013 by Hinshaw & Culbertson LLP

Could an employee’s anxiety over the possibility of being fired be a disability under federal law?  Yes it can, according to one federal court in South Dakota. More ›

Court Denies Employee’s Request to Revoke Settlement Agreement due to Invalid OWBPA Release

October 4, 2013 by Hinshaw & Culbertson LLP

The chemical company worker was terminated in March 2009 due to an industrial accident. The worker challenged the termination through his union, and the union filed a grievance on his behalf. The employer denied the grievance, which prompted the union to file for arbitration under the collective bargaining agreement. The parties were ultimately able to reach a resolution prior to the arbitration. The worker and the employer entered into a settlement agreement and release of claims related to his termination.  More ›

EEOC Fails to Establish Employer’s Alleged Religious Discrimination

October 3, 2013 by Hinshaw & Culbertson LLP

An applicant sought a position with a retail clothing company that had a "Look Policy," which required employees to dress in clothing that was consistent with the type of clothing sold in the stores. The policy precluded the wearing of caps, though the term was not defined. If, during the interview process, there is an issue about the application of the Look Policy, or if there's a request for a deviation from the policy due to religious practices, the manager is to contact a supervisor or human resources to determine how to proceed. More ›

San Francisco Employers may be Required to Consider flex work Arrangements

October 2, 2013 by Hinshaw & Culbertson LLP

On October 1, 2013, the San Francisco Board of Supervisors voted unanimously to approve new legislation which requires employers in San Francisco to consider and potentially accommodate employees' requests for work schedule changes in order to address caregiving issues. Employers with 20 or more employees would be subject to the law, if enacted, and would have to accept requests from employees for flexible work hours, job-sharing, telecommuting, or other flexible work arrangements. Employers would only be permitted to deny the request if there is a "good faith business reason" for the rejection. What that means, however, remains to be seen. More ›

Employee Fails to Prove Equitable Estoppel Regarding her FMLA Eligibility

October 2, 2013 by Hinshaw & Culbertson LLP

How specific does an FMLA request have to be? And does an employer's "approval" of a request for leave automatically render that leave to be deemed FMLA leave? Those issues were recently addressed in this Eleventh Circuit opinion. More ›

Changes to Employment laws in California

October 2, 2013 by Hinshaw & Culbertson LLP

California employers, take note! The laws are changing! Just this week, new laws have been enacted which affect employees and/or employers, including: More ›

Arbitration Agreement Dos and Don’ts

October 2, 2013 by Peter J. Felsenfeld

We recently posted a summary of Peng v. First Republic Bank, a case discussing the validity of an arbitration agreement contained in an employment contract.  Peng is favorable for employers because the court there held that the compulsory arbitration agreement at issue was neither procedurally nor substantively unconscionable. More ›

Ban on Project Labor Agreements Upheld

October 1, 2013 by Hinshaw & Culbertson LLP

Two unions in Michigan filed a complaint for an injunction against the Fair and Open Competition in Governmental Construction Act (Public Act 99, 2011) (Act), which restricted the use of project labor agreements (PLAs) on publicly funded construction projects. Project labor agreements, which lay out terms and conditions of employment on specific construction projects, can be entered into by governmental units, or by a contractor hired by the government, and a labor organization. The U.S. District Court for the Eastern District of Michigan granted the injunction and ruled that the Act was preempted by the National Labor Relations Act. On appeal, the U.S. Court of Appeals for the Sixth Circuit vacated the injunction and held that Michigan could take across-the-board action to prohibit government-mandated PLAs on state, local and publicly funded projects. To date, eighteen states have banned government-mandated PLAs. More ›

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