Tag: Circuit Court

A Reminder to Employers: FMLA Notice Is the Key!

By Lisa Whitaker, JD The U.S. 6th Circuit Court of Appeal—which covers Kentucky, Michigan, Ohio, and Tennessee—recently reminded employers that providing proper notice to employees is key to administering the Family and Medical Leave Act (FMLA).

Determining Joint-Employer Liability under the FMLA

By Ryann E. Ricchio, Faegre Baker Daniels Disputes over joint employment have recently appeared before both the National Labor Relations Board (NLRB) and the federal courts. A new decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—dealt with the issue of joint employment under the Family and Medical Leave Act […]

What Is the Lily Ledbetter Fair Pay Act?

While Title VII of the Civil Rights Act already prohibits gender-based discrimination, including pay discrimination, there was an unfortunate problem created by a court interpretation back in 2007. Namely, the courts decided that the original pay decision was what started the statute of limitations to bring a claim—not the ongoing unfair pay. This all came […]

Poor Performance and the FMLA

Questions about how the FMLA intersects with performance problems often arise. Let’s see how the U.S. 4th Circuit Court of Appeals addressed the issue in a recent case. Read more.

7th Circuit: Successor Must Pay $500K for Previous Owner’s FLSA Violations

A successor employer could not escape paying a $500,000 damages award for the previous owner’s Fair Labor Standards Act violations.  The case, Teed et al. v. Thomas & Betts Power Solutions LLC, Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013), involved a tricky analysis of whether the purchaser of a business could be held responsible […]

Individual mandate declared unconstitutional in Circuit Court ruling

The 11th U.S. Circuit Court of Appeals about 30 minutes ago issued a ruling that forcing Americans to purchase health insurance, a key element of the 2010 health reform law, is unconstitutional. The court however allowed the rest of the law stand (including preventive care, dependent care and preexisting condition mandates), overturning the lower court on […]

Wal-Mart Class Action Update: Great News for Employers

In a very positive development for employers, the U.S. Supreme Court has unanimously dismissed the massive class action lawsuit against Wal-Mart. The lawsuit claimed that the organization systematically paid women less and did not provide equal opportunity for advancement.