So what is your first thought as Chairman if one of your Board colleagues names you as a contributing cause of his intended suicide? And how do you feel as line manager at a big international bank if one of the interns under your charge collapses and dies at just 25 due, by all accounts, to work pressures you have either imposed or at least condoned. And as HR Manager, how do you cope when a dismissal decision which you did not make but did implement leads the ex-employee to take his own life?
What Can Pink Floyd Teach Us About FMLA: Employers Should Enforce Call-in Procedures and Insist Upon Facts Supporting Need for Leave
Hello…hello…hello…is there anybody in there? Just nod if you can hear me. Is there anyone home? Have your employees have become so evasive in their requests for medical leave that you feel like signing Pink Floyd’s “Comfortably Numb” to get them to talk? Have no fear — you don’t have to become that numb in order to effectively administer FMLA in these situations.
The U.S. Court of Appeals for the Seventh Circuit recently upheld a joint arbitration committee’s (“JAC”) decision finding that a business’s “double-breasting” arrangement violated a collective bargaining agreement. The decision provides two important reminders — one procedural and the other substantive.
Missouri Federal Court Finds Forfeiture-for-Competition Provision in Stock Option Agreement Enforceable
A recent Missouri federal court decision highlights the different standards that courts employ in evaluating forfeiture-for-competition provisions contained in stock option plans.
The Affordable Care Act requires employers to notify employees about health insurance that will be available through the Health Insurance Marketplaces beginning January 1, 2014.
Dressing the Part is Not Enough: 8th Circuit Decides That Changing into Uniforms Does Not Start the “Continuous Workday”
Taking up a question the Supreme Court recently declined to consider, the Eighth Circuit on Friday addressed the types of activities that may start the compensable workday for purposes of the Fair Labor Standards Act. Specifically, the court held [here] that time spent changing into and out of uniforms could not “begin or end the workday” because the changing time itself was excluded under § 203(o) the FLSA. In so doing, the court declined to defer to a prior Department of Labor Administrator’s Interpretation on the same subject, joining a number of courts that have ignored the DOL’s guidance on this issue.
In 2005, Congress passed the Class Action Fairness Act (CAFA), which creates federal jurisdiction over class actions involving more than 100 class members and $5 million in controversy. Plaintiffs have long attempted to avoid CAFA’s invocation of federal jurisdiction by stipulating to no more than $5 million in classwide damages.
Obligations of Public Schools to Students Who Are Deaf or Hearing-Impaired: Compliance with the IDEA Does Not Necessarily Foreclose an ADA Claim
In a case of first impression, K.M. v. Tustin Unified School District, the Ninth Circuit held that a public school district’s compliance with its obligations to a deaf or hearing-impaired student under the Individuals with Disabilities Education Act (“IDEA”) does not necessarily establish compliance with its effective communication obligations to that student under Title II of the Americans with Disabilities Act (“ADA”).