Author: HR Daily Advisor Staff

10th Circuit Upholds Dismissal of FMLA Claim Based on ‘Prejudicial’ Evidence

In a recent case, a federal district court judge excluded three pieces of evidence that a fired employee claimed helped prove his allegation that his employer, SAIA Motor Freight Line, LLC, interfered with his Family and Medical Leave Act (FMLA) leave by terminating him. The evidence was excluded, the jury found in favor of the employer, and the case was dismissed.

How Can HR Combat Workplace Bullying?

Dealing with a bully, whether on the playground or the workplace, can be a traumatic, not to mention energy-sapping, experience. When a bully is present, everyone stays on edge, never knowing when—or who—the bully will strike next.

Who Is an Employee Under the FLSA? Not NCAA Athletes, According to the 7th Circuit

Recently, the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—affirmed an Indiana court’s decision to dismiss a case filed by former student athletes at the University of Pennsylvania (Penn) against the NCAA. The student athletes alleged they were employees who were entitled to minimum wage under the Fair Labor Standards Act (FLSA).

time

Trump’s DOL Will Address Overtime Rule by May 1

The federal government has been granted more time to figure out what to do about overtime regulations that remain in judicial limbo. A federal appeals court on February 22 granted the U.S. Department of Labor (DOL) its second extension in the proceedings, giving it until May 1 to take a position.

Massachusetts

No FMLA Bias in Termination of Letter Carrier, 1st Circuit Rules

The U.S. Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—recently ruled in favor of the U.S. Postal Service (USPS) after it terminated an injured letter carrier who was out on leave. Although the employer escaped liability in this case, the facts clearly reveal that it wasn’t for lack […]