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OSHA Issues New Reporting and Recordkeeping Regulations

The U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) issued a final rule on September 11, 2014, requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule will go into effect on Jan. 1, 2015.  The rule also updates the list of employers partially exempt from OSHA’s recordkeeping requirements.

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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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TAGS: Labor & Employment Law, Workplace Violence

Kentucky Non-Competition Agreements

Companies with Kentucky employees need to review their non-competition agreements. 

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TAGS: Employment Law, Labor & Employment Law, Non-compete/Non-solicit
CONTACT: Paul D. Dorger

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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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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Eleventh Circuit Finds That Repeated Extensions of a Leave of Absence is Not A Reasonable Accommodation

In addressing a disability discrimination claim under the ADA, the Eleventh Circuit ruled this past week that an indefinite leave of absence does not constitute a reasonable accommodation.

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TAGS: ADAAA, Americans with Disabilities Act, Employment Law, Labor & Employment Law
CONTACT: Cole D. Bond

2012 Fiscal Year EEOC Enforcement Statistics Reveal Decrease in Overall Charges and Increase in Employer Payouts

The recently released 2012 EEOC enforcement statistics indicated an overall decrease in charges and increase in damages paid by employers.  Notably, for the second consecutive year, the EEOC reduced its pending inventory of private sector charges by 10% from fiscal year 2011, bringing inventory to 70,312.  However, the EEOC obtained the largest amount of monetary recovery in 2012, totaling $365.4 million.  Leading the states in originating charges was Texas at 9.0% of charges filed nationally, followed by Florida (8.0%) and California (7.4%).   

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Employee’s Vacation Facebook Photos Help Defeat FMLA Interference and Retaliation Claim in E.D. Michigan

As the FMLA celebrates its 20th birthday this February, social media continues to be an increasingly important resource for employers in combating frivolous FMLA interference and retaliation charges by former employees. 

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EEOC's ADAAA Regulations More Bad News For Employers

It has been a rough year for employers so far after several adverse decisions from the Supreme Court.  Not wanting to be left out, the Equal Employment Opportunity Commission (EEOC) issued its final rule implementing regulations under the ADA Amendments Act (ADAAA) on March 25, 2011.  The new regulations go into effect on May 24, 2011.  There has been a lot of discussion online about the meaning of the regulations but they are not surprising and are for the most part consistent with the ADAAA itself.  The essence is that employers can forget about challenging a plaintiff’s claim that he or she is disabled in all but the most extreme cases.  As just about everyone previously concluded when the ADAAA became law, disability discrimination cases now turn on the reason for adverse employment action, the interactive process and/or the reasonableness of accommodations.  If you are interested in details, some specifics points from the regulations follow. 

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TAGS: ADAAA, Employment Law, Labor & Employment Law

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