Tag: Supreme Court

4 Pitfalls of Improper FMLA/CFRA Tracking

It is generally in your best interest to capture all absences that are Family and Medical Leave (FMLA)‐related, says consultant Kristi McKinzey, PHR. She offers four common hazards employers face when they don’t track all absences.

Government Guidance on Paid and Unpaid Internships

“Every spring, as college students nationwide prepare for finals and pull all-nighters to wrap up their spring semesters, many simultaneously ramp up their search for the perfect internship,” says Laura Fortman, principal deputy administrator of the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) in a blog. “The WHD understands that these “foot-in-the-door” […]

What Are the Rules for Mixed-Motive Bias in California?

In early 2013, the California Court of Appeals ruled in favor of an employee in a so-called “mixed-motive” case (when an employer has both unlawful and legitimate reasons for taking an adverse employment action) brought under the state Fair Employment and Housing Act (FEHA).

Changes To California Mixed-Motive Rules

Yesterday, we looked at the case of a California employee, Lorena Alamo, who successfully established that her termination was due to improper “mixed motives” (the employer had both unlawful and legitimate reasons for the firing).

Toobin’s Take on Hobby Lobby

Special from SHRM’s Employment Law and Legislative Conference Hobby Lobby is a large (3 billion plus) privately held organization with over 600 stores across the country. The company’s philosophy is imbued with the religious views of its founder David Green. For example, the number one operating principle listed on their website is “Honoring the Lord […]

Toobin’s Take on Hobby Lobby

Special from SHRM’s Employment Law and Legislative Conference Hobby Lobby is the case to watch on this session’s Supreme Court docket, says noted author Jeffrey Toobin. Individuals have religious freedom, of course, Toobin says, but do corporations? Hobby Lobby is a large (3 billion plus) privately held organization with over 600 stores across the country. […]

Can an Early Settlement Avert Collective Actions? (Maybe)

In Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court ruled that, at least in this case, action by the employer to offer a settlement “mooted” the collection action, says Brinkerhoff. (A case is “moot” when the issue has been resolved, and the case is no longer “live.”) Brinkerhoff, who is an associate in the […]

Compensation Litigation: Plaintiffs’ Attorneys Are Figuring It Out

FLSA litigation is heating up, and partly for that reason, it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, who is an associate in the law firm Holland & Hart LLP in Las Vegas, offered tips on wage/hour compliance at the Advanced Employment Issues Symposium, held recently in Las Vegas. To add insult to injury, about 50 […]

Employers Face More Challenges in Covering Same-gender Spouses

Many hoped that the U.S. Supreme Court’s ruling in U.S. v. Windsor would clear up the confusion regarding what employers and plan administrators can and should do if they have employees with same-gender spouses. Alas, that was not to be. As 2014 approaches, employers face as many complications as ever. Rather than simplifying matters, the […]