With the summer drawing near and many high school and college students looking to bolster their resumes, a new set of eager-to-please interns will appear in offices around the country, bringing some youthful exuberance to the office. For most, the addition of interns roaming the halls will be a positive experience for all involved. For others, however, in particular employers who may view interns as little more than “free labor,” costly litigation could be lurking right around the corner.
Decision Holding Telecommuting to Be a Reasonable Accommodation Provides a Cautionary Tale for Employers
In a 2-1 decision, the Sixth Circuit in EEOC v. Ford Motor Co., No. 12-2484 (6th Cir. April 22, 2014) has dealt employers a blow regarding the extent to which a company must reasonably accommodate an employee with a disability. In this particular case, the employee sought a four-day-per-week telecommuting arrangement. Even though Ford found in its business judgment that this was not a workable arrangement, the court disagreed, noting that due to modern technology, the types of jobs where employees can fulfill all essential requirements while working remotely has significantly increased.
Pay My Back Wages: Auto Shop Featured on MTV Settles FLSA Lawsuit
Employers, take note: The U.S. Department of Labor is watching your adherence to the Fair Labor Standards Act (FLSA), so be cautious — especially if you are on TV.
Life, Health, Disability and ERISA – April 2014
Life, Health, Disability, and ERISA provides a summary of decisions from across the country concerning life, health, and disability policies, including those governed by ERISA. Following your review of Life, Health, Disability, and ERISA kindly feel free to contact attorneys and co-editors with any comments you may have, or with any topics you would like to see in upcoming newsletters.
Connecticut’s New Minimum Wage Law Includes Major Changes
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.
Employers Wise to Review Employee Confidentiality Policies as Fifth Circuit Upholds NLRB’s Invalidation of Overly Broad Provisions
It has been a difficult last few years for the National Labor Relations Board (NLRB). Not only are hundreds of decisions of the agency in limbo due to a Supreme Court challenge involving President Barack Obama’s purported recess appointment of several members of the agency while the U.S. Senate was still convening in regular pro forma session, but several of the agency’s rulings have been invalidated by various Circuit Courts of Appeal. The board recently managed to win one, however, as the U.S. Court of Appeals for the Fifth Circuit upheld a board decision that a company’s employee confidentiality policy was an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act (NLRA). The case serves as a reminder to employers to review their own employee confidentially policies.
Recent NLRB Decision Finding Scholarship Football Players to be “Employees” Raises a Host of Legal and Practical Issues for College Football Programs
By decision dated March 26, 2014, National Labor Relations Board (NLRB) Regional Director Peter Sung Ohr upheld the findings of a hearing officer which determined that all football players at Northwestern University who receive grant-in-aid scholarships are “employees” within the meaning of the National Labor Relations Act, and that a petitioned-for unit — comprising all Northwestern University football players receiving scholarships who have not exhausted their playing eligibility — may vote by secret ballot to determine whether the College Athlete Players Association (CAPA) should be their bargaining representative/union.
Worked to Death? Family of Deceased Nurse Sues Employer
In the 24/7 healthcare world, it is not uncommon for nurses and other health care professionals to work long hours and overnight shifts. In a recent case in Ohio, a family of a deceased 38 year old nurse is suing The Jewish Hospital of Cincinnati where she used to work as a nurse in the bone marrow unit. A year ago, the nurse lost control of her vehicle driving home after completing a 12 hour shift at the hospital and passed away.
Are March Madness Office Pools Legal?
Brace yourselves, employers: March Madness is upon us.
The Supreme Court and Congress Are Thinking About Whistleblower Protection — Are You?
Recent activity at the federal level — including a U.S. Supreme Court decision this month and an increase in congressional funding for the Occupational Safety and Health Administration (OSHA) — points to greater protection for employees who report wrongdoing or violations by their employers. With such high-level attention being paid to whistleblower protection by the judiciary, regulators, and lawmakers, these developments should serve as a reminder to all companies to ensure that proper policies and procedures are in place for handling whistleblower complaints.
OSHA Tasked by Congress to Protect Whistleblowers
The Occupational Safety and Health Administration has been tasked by Congress to enforce the whistleblower provisions of 22 different statutes. These laws protect workers in many industries throughout the country from retaliation when they report unsafe working conditions, fraud or something that would endanger the public.
What Does Daylight Saving Time Mean to Employers?
At 2 a.m. on Sunday, March 9, 2014, people all across the United States set their clocks forward one hour to start Daylight Saving Time (DST). The change is intended to place more sunlight into “daytime” hours in order to seemingly stretch the day longer and conserve energy. In fact, 2014 marks the eighth year DST was expanded by four weeks pursuant to the Energy Policy Act of 2005.
Holy Smoke! Employers Refusing to Hire Smokers
A recent trend is developing of late where employers are considering “no smoker” employment policies. These policies go beyond “no smoking in the workplace;” some ban employees from smoking at any time. Such policies may lower insurance premiums. Some employers also suggest that these policies cut down on productivity issues due to smoke breaks and high absenteeism due to smoking-related illnesses. Opponents of these policies argue that they are discriminatory or in violation of privacy laws. This raises an interesting debate.
Updated: The Wells Report Could Mean Big Changes in NFL Workplace Policies; Two Coaches Fired
Last Friday, attorney Ted Wells of Paul, Weiss, Rifkind, Wharton & Garrison, LLP issued a 144-page report (commonly referred to as the Wells report) to the National Football League concerning the alleged harassment of Miami Dolphins offensive tackle Jonathan Martin. On October 28, 2013, Martin abruptly walked off the team after a lunch room joke, which he says was the final straw after enduring nearly a year of harassment from his teammates. Martin checked himself into a hospital for mental health help.
The Wells Report Could Mean Big Changes in NFL Workplace Policies
Last Friday, attorney Ted Wells of Paul, Weiss, Rifkind, Wharton & Garrison, LLP issued a 144-page report (commonly referred to as the Wells report) to the National Football League concerning the alleged harassment of Miami Dolphins offensive tackle Jonathan Martin. On October 28, 2013, Martin abruptly walked off the team after a lunch room joke, which he says was the final straw after enduring nearly a year of harassment from his teammates. Martin checked himself into a hospital for mental health help.