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FMLA FAQ: Can an Employer Force an Employee on FMLA Leave When the Employee Wants to Continue to Work?

Franczek Radelet P.C • April 18, 2014
Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true.

Employer Urges Supreme Court to Settle Federal Court Split over Judicial Review of EEOC’s Conciliation

Jackson Lewis P.C. • April 18, 2014
The U.S. Supreme Court may resolve a split among the federal appeals courts on whether the Equal Employment Opportunity Commission’s efforts at conciliation before bringing suit against an employer are open to judicial review. Most circuit courts to have considered the issue decided that courts may engage in a searching review of the EEOC’s conciliatory efforts. But the U.S. Court of Appeals for the Seventh Circuit, in Chicago, in EEOC v. Mach Mining, LLC, 738 F.3d 171 (7th Cir. 2013), took the opposite view. (For more on the Seventh Circuit decision, see our article, Seventh Circuit Agrees with EEOC There Is No Affirmative Defense for the EEOC’s Failure to Conciliate.) The Seventh Circuit has jurisdiction over Illinois, Indiana, and Wisconsin.

Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

Littler Mendelson, P.C. • April 18, 2014
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion to consider criminal records relative to employment decisions.1 The EEOC was scheduled to release at the same time its updated guidance concerning the use of credit history information, but at the last minute decided (without explanation) not to do so. Even before April 2012, however, the EEOC filed lawsuits against a handful of employers, including Kaplan Higher Education Corporation (Kaplan), for allegedly violating Title VII by relying on criminal and credit records.

Connecticut’s New Minimum Wage Law Includes Major Changes

Goldberg Segalla LLP • April 18, 2014
Connecticut recently became the first state in the country to increase the minimum wage to $10.10 per hour by the year 2017, the same rate that President Barack Obama has been seeking for the federal minimum wage. Connecticut lawmakers passed the historic bill on March 26, 2014, and it was signed into law by Governor Dannel Malloy the following day. Connecticut had just voted to increase the minimum wage last year, to its current level of $8.70 per hour.

Deadline for Philadelphia Employers to Post New Notice of Rights for Pregnant Employees is Approaching

Ogletree Deakins • April 18, 2014
his Sunday, April 20, marks the deadline by which Philadelphia employers must provide their employees with written notice of a recent amendment to Philadelphia’s Fair Practices Ordinance. The amendment provides additional protections to pregnant employees.

Wisconsin Limits Employers’ Access to Personal Social Media Accounts of Employees, Job Applicants

Jackson Lewis P.C. • April 18, 2014
Adopting restrictions on employers’ ability to access the social media accounts of employees and job applicants, Wisconsin has joined 12 other states with similar restrictions.
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