The Supreme Court Delivers Some Bad News To The Post Office

Yesterday, the Supreme Court issued its decision in Green v. Brennan, U.S. No. 14-613 (May 23, 2016), holding that the statute of limitations for a former Postmaster's Title VII constructive discharge claim begins on the date he gave notice of his resignation, and not on the date of the employer's alleged last discriminatory act. Former Postmaster Marvin Green had 45-days, under the limitations period applicable to federal sector Title VII claims,...
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Court Allows Ed O’Bannon Lawsuit Against NCAA To Go Forward

Randi Klein Hyatt
Randi Klein Hyatt
11/01/2013
Money, it's a crime Share it fairly But don't take a slice of my pie - “Money” by Pink Floyd   The Times They Are a-Changin' - Bob Dylan The times are changing in college athletics.  Most fans of college sports know that college athletes cannot be paid for their efforts without jeopardizing their amateur status and possibly incurring (for them and their schools) severe penalties.  This long held bastion of college athletics, however, is...
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The IRS Has Spoken: Legal Same-Sex Marriage Recognized For Federal Tax Purposes

The Treasury Department and Internal Revenue Service issued a joint news release and Revenue Ruling 2013-17, in which the agencies announced that same-sex married couples will be recognized as legally married for federal tax purposes, regardless of where they reside, so long as they were married in any U.S. state or territory, or a foreign country, that legally recognizes same-sex marriages.  This ruling implements federal tax aspects of the Supreme...
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NFL Settles Concussion Lawsuits

On August 29th, 201, the court-appointed mediator in the consolidated concussion lawsuits filed against the NFL and other entities announced that the players and the NFL had reached a tentative agreement.  The lawsuits, which had been widely reported in the wake of several high profile deaths allegedly linked to concussions suffered while playing football, were filed by over 4,500 retired football players and allege a host of claims.  The...
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Supreme Court Strikes Down Portion Of Defense Of Marriage Act

Randi Klein Hyatt
Randi Klein Hyatt
06/28/2013
In an important and far-reaching decision, the Supreme Court struck down Section 3 of the Federal Defense of Marriage Act (DOMA). United States v. Windsor, No. 12-307, 570 U.S. ____ (June 26, 2013).  Section III of DOMA defined marriage, for federal purposes, as only between a man and woman.  By striking down this provision, and recognizing the respective states’ definitions of marriage, the Supreme Court opened the door to a panoply of federal...
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What's Old is New: Alcohol in the Workplace

Eric Paltell
Eric Paltell
06/27/2013
During the go-go days of the dot-com boom, I marveled at some of the perks my clients were providing to employees.  Video games and foosball tables; on-site auto detailing; and the biggest shocker to me: open bars at work.  One client used the phrase "going to the opera" to describe its regular company-sponsored outings to the local watering holes. But then came the dot-com crash, and I thought these days were forever behind me. As a management...
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Maryland Governor Signs New Law to Enforce Wage Claims

Last week, Maryland Gov. O'Malley signed into law the "Lien for Unpaid Wages Act." This new law, SB 758, allows employees to file a lien against their employer’s real or personal property for unpaid wages allegedly due them. Once the employee files a lien, the employer must file a complaint setting forth its defenses in the Circuit Court where the employer's property is located within 30 days. If the employer fails to do so, the employee will have...
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The Supreme Court Upholds “Obamacare”

Eric Paltell
Eric Paltell
06/28/2012
On June 28, 2012, the Supreme Court upheld “Obamacare” (officially known as the Patient Protection and Affordable Care Act of 2010).  National Federation of Independent Business et al. v. Sebelius, No. 11-393 (June 28, 2012).   In a 5 to 4 decision, Chief Justice John Roberts wrote that the law is constitutional as an exercise of Congress’ power to tax, notwithstanding the fact that it was an impermissible exercise of Congressional Power...
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DOL Proposes Rulemaking on Servicemember FMLA and More

Darrell VanDeusen
Darrell VanDeusen
01/31/2012
On January 31, 2012, the Department of Labor (DOL) released proposed changes to the agency’s Family and Medical Leave Act (FMLA) regulations, which were published in the Federal Register on February 15.  This Notice of Proposed Rulemaking (NPRM), a necessary precursor to any regulatory change, seeks comments from interested parties by April 16.  Comments may be submitted, identified by Regulatory Information Number (RIN) 1235–AA03, by...
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What Does “To Care For” Mean Under the FMLA?

Darrell VanDeusen
Darrell VanDeusen
09/13/2011
The FMLA provides that an employee may take leave to care for a parent, spouse, son or daughter who has a serious health condition.  29 U.S.C. § 2612(a)(1)(c).  An employee can take leave to care for a parent or spouse of any age who, because of a serious mental or physical condition, is in a hospital or other health care facility, or who is at home but unable to care for his or her own basic hygienic or nutritional needs or safety.  So, no...
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