Telecommuting Accommodation? It Depends!

By Jon Watson Does being available electronically count as attendance? Maybe. In EEOC v. Ford Motor, Co., No. 12-2484 (6th Cir. April 22, 2014), the employee worked as a resale steel buyer — an intermediary between steel suppliers and companies that produce steel parts. She suffered from irritable bowel syndrome (IBS), and, some days, she […]

Join Us For Our Annual Labor & Employment Seminar in Phoenix

Workplace issues and challenges can be as complex and varied as the number of your employees. With Arizona heading the list of best states for expected job growth, according to Forbes magazine, the State of the State of Arizona Employment will be one of the subjects of the 2014 Annual Labor and Employment Law Seminar, […]

Court Cancels EEOC’s Credit Check Case

By John Alan Doran The EEOC’s assertion that new-hire credit checks can give rise to disparate impact claims took yet another much-deserved hit yesterday. Noting that “the EEOC sued the defendants for using the same type of background check that the EEOC itself uses,” the Sixth Circuit Court of Appeals put an end to an […]

Federal Contractors Beware

More Changes Coming Your Way! By Lori Wright Keffer On April 8, 2014, President Obama issued an executive order titled “Non-Retaliation for Disclosure of Compensation Information,” prohibiting federal contractors and subcontractors from retaliating against an employee or applicant for inquiring about, discussing, or revealing their compensation or any other employee’s or applicant’s compensation. The Secretary […]

Texas Mini-Dukes Case Revived

By Andy Volin Former women employees asserting a mini-Dukes class action discrimination claims against Wal-Mart in Texas recently had a big win in the Fifth Circuit. That court overturned a ruling that had dismissed their class action as filed too late. This recent decision is just the latest in 14 years of litigation that multiple […]

ADEA Safe Harbor Unsafe

By Bill Wright In 1945, an employer and unions created a pension plan that provided equal pensions to all workers retiring at age 65 but capped the employer’s contributions. The result was that workers who joined the plan later in life, e.g. at age 40, had to pay a greater percentage of their salary into […]

Arbitration “Survives”

In Huffman v. Hilltop Companies, LLC, No. 13-3938 (6th Cir. Mar. 19, 2014), two plaintiffs alleged their former employer violated the Fair Labor Standards Act. The employer pointed to an employment agreement containing an arbitration clause and moved to compel arbitration. Plaintiffs countered that, because the arbitration clause was not one of the 12 paragraphs […]