The Employment Brief | Employment Law | Kollman & Saucier, P.A.

EEOC Issues Proposed Rule on Workplace Wellness Programs

Kollman & Saucier

04/17/2015

On April 16, 2015, the EEOC issued a Notice of Proposed Rulemaking ("NPRM") on how the ADA applies to employer wellness programs that are part of a group health plan. The NPRM will be published in the Federal Register on April 20, 2015, and the public will have a 60 day period within which to file comments. The EEOC may then revise the rule based on the comments before taking final action to implement it. Under Title I of the ADA, employers are...

Kollman & Saucier

04/16/2015

Disability & Leave, Employment Discrimination, Retaliation

Every once in a while, I read a case where my first reaction is: "how does someone like this ever hold a job?" That was my reaction when I read the Court's April 10, 2015 decision in Sharp v. Best Buy Co., Inc. out of the United States District Court for Western District of Kentucky. In Sharp, the plaintiff was an auto technician who suffered from narcolepsy and cataplexy. Best Buy accommodated his conditions by excusing him from shift work, and...

Darrell VanDeusen

04/13/2015

Disability & Leave, Reasonable Accommodations/Undue Burden

Last year the Equal Employment Opportunity Commission (EEOC) tooted its horn with a victory when a three-judge panel on the Sixth Circuit held (2-1) that Ford Motor Company might have violated the Americans with Disabilities Act (ADA) by failing to permit an employee with Irritable Bowel Syndrome (IBS) from teleworking up to four days a week. Reversing that decision, the en banc Sixth Circuit held (8-5) that there was no ADA violation because...

Darrell VanDeusen

04/10/2015

FMLA

The Eighth Circuit has held that stage one kidney disease is not a serious health condition under the Family and Medical Leave Act (FMLA). Dalton v. ManorCare of West Des Moines IA, LLC, 2015 U.S. App. LEXIS 5536 (8th Cir. Apr. 7, 2015). Lucinda Dalton worked for a skilled nursing facility in Iowa when she was diagnosed with stage one kidney disease. She had significant weight gain and an edema. Following a series of doctor visits in January 2011,...

Darrell VanDeusen

04/04/2015

Arbitration, Employment Discrimination

Employers without a union sometimes think it’s a good idea to consider implementing a policy that requires employees to arbitrate workplace claims rather than permit them to pursue remedies in court. The selling point, the story goes, is that it’s cheaper, faster and you don’t have to worry about a jury deciding the fate of the parties. Anyone who has gone through the arbitration process knows that along with the positives of arbitration –...

Kollman & Saucier

04/03/2015

Employment Discrimination, Pregnancy Discrimination

Tiana LaSalle is a van driver for the New York City morgue. LaSalle sued her employer alleging a variety of discrimination claims. Her chief complaint, however, appeared to be that the City refused her request for an accommodation with regard to lifting heavy objects during her pregnancy. In November 2011 Plaintiff was pregnant, and she provided her boss with a doctor's note informing him of the pregnancy. In December 2011, LaSalle told her...

Kollman & Saucier

04/01/2015

Gender Identity, Sex Discrimination

On March 30, 2015, the U.S. Department of Justice filed a complaint alleging that Southern Oklahoma State University (“University”) subjected Dr. Rachel Tudor, a professor who is transgender, to unlawful sex discrimination in violation of Title VII. The University denies the allegations. Dr. Tudor is a male-to-female transgender professor who worked as a tenure track Assistant Professor in the University’s English Department beginning in...

Kollman & Saucier

03/26/2015

Wage & Hour

Suppose that you are an employer who has been found to have violated the Fair Labor Standards Act (FLSA). In an attempt to curb future liability, you calculate the overtime owed to your employees who were mistakenly misclassified as exempt and print checks informing the employees that the amount of those checks represents “full payment . . . [for] wages earned, including minimum wage and overtime, up to the date of the check.” Can employees then...

Kollman & Saucier

03/26/2015

Employment Discrimination, Pregnancy Discrimination

On March 26, 2015, the Supreme Court announced its decision in Young v. UPS, setting forth a new standard for how employees may prove a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA). Young v. United Parcel Service, Inc., 575 U.S. ____ (2015). In Young, the Court faced the issue of how to interpret the second clause of the PDA, which states: women affected by pregnancy, childbirth, or related medical conditions...

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Email Updates

EEOC Issues Proposed Rule on Workplace Wellness Programs

Business Judgment Rule Supports Best Buy's Firing of Disabled Employee

No Telework Accommodation For IBS Says En Banc Sixth Circuit

Stage One Kidney Disease Not FMLA “Serious Health Condition”

Hooters Rails Against Award in Arbitration It Required

Court Rules Morgue Worker Injured While Transporting Cadaver Can Proceed With Pregnancy Discrimination Claim.

Transgender Discrimination? He Said, She Said...

More on the Dangers of Unsupervised FLSA Settlements

Supreme Court Clarifies Pregnancy Discrimination Act Claims in Young v. UPS

Email Updates