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Supreme Court Finds Post-Shift Security Check Time Not Compensable

On Tuesday, the Supreme Court issued a highly-anticipated ruling in the case of Integrity Staffing Solutions, Inc. v. Busk, No. 13-433 (Dec. 9, 2014, Thomas, C.).   

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CASE TO WATCH: YOUNG V. UPS

This Wednesday, December 3, 2014, the United States Supreme Court will hear oral arguments in the case of Young v. UPS, No. 12-1226, on appeal from the Fourth Circuit Court of Appeal.  The Young case has received significant attention because it asks the Court to directly address the question of what, if any, accommodation is required for a pregnant worker with work limitations under the Pregnancy Discrimination Act, incorporated into Title VII of the Civil Rights Act in 1978, where the employer provides work accommodations to non-pregnant employees with work limitations, such as those affected by on-the-job injuries or a disability as defined by the Americans with Disabilities Act.   

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Employees Behaving Badly: What’s An Employer To Do?

The recently-published video of NFL star-running back Ray Rice beating his then-fiancée in a casino elevator begs the question:  What should an employer do when it faces bad behavior by one of its employees?  And, does it matter if the employee is off-the-clock?

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Sixth Circuit Holds Telecommuting May Be a Reasonable Accommodation for Employee With IBS

Stressing that technology has made telecommuting easier, the Sixth Circuit yesterday revived the U.S. Equal Employment Opportunity Commission's claims that Ford Motor Co. failed to accommodate a worker with irritable bowel syndrome (IBS) by refusing her request to work from home most days. 

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The Potentially Unintended Effect of the Unemployment Insurance Integrity Act on Employment Settlement Agreements

The amendments to the Unemployment Insurance Integrity Act quietly went into effect as of October 21, 2013.  Congress passed the Unemployment Insurance Integrity Act (“Act”) in late-2011 as part of the Trade Adjustment Assistance Extension Act of 2011 (“TAAEA”). While the TAAEA is primarily concerned with extending retraining assistance for employees displaced by foreign workers, the Act requires states to incorporate provisions into their own Unemployment Insurance laws to (1) enhance penalties for fraudulent Unemployment Insurance claimants; (2) revise the timing of "new hire" reports; and (3) impose new obligations on employers (and their agents) with respect to responding to Unemployment Insurance claim notices. 

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Facebook Makes Discovery Easy (Sometimes)

As most any litigation practitioner knows, Facebook can be GOLD.  Pictures really are worth 1,000 words. . . or more.  That million dollar picture of a plaintiff who has claimed debilitating emotional distress:  on a boat, raising a beer with friends, and posted smack in the middle of the period of time that plaintiff claims was riddled with “emotional distress.”  GOLD.  And it happens with regularity.  Facebook, as with other social media, is a medium of the moment – individuals post (and get tagged) in pictures posted during the adrenaline-infused, alcohol-fogged moments of “good times.”  And it is exactly these moments – moments easily forgotten by Plaintiffs asking a judge or jury for emotional distress damages – that are crucial to developing a clear picture of emotional distress. 

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Federal Workplace Protections on the Horizon for Sexual Orientation and Gender Identity

What do Rolling Stone magazine and the United States Senate have in common?  They’re both talking about the discrimination faced by individuals with non-conforming gender identity.

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Obesity and the Ever-Broadening Definition of "Disability"

As most employers are aware, the definition of what constitutes a “disability” for purposes of providing a reasonable workplace accommodation was broadened significantly with the enactment of the Americans with Disability Act Amendments Act of 2008 (ADAAA). 

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Federal Government May Follow States By Raising Minimum Wage

On March 5, 2013, Sen. Tom Harkin, D-Iowa, and Rep. George Miller, D-Calif., introduced legislation that would raise the federal minimum wage.  If enacted, the recently-proposed Fair Minimum Wage Act would amend the Fair Labor Standards Act to raise the federal minimum wage to $10.10 per hour over three years.  The increase would be accomplished by establishing a minimum wage of $8.20 per hour on the first day of the third month after enactment - an increase of 95 cents over the current federal minimum wage - followed by a minimum wage of $9.15 per hour one year after the initial bump and then $10.10 per hour a year later.

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