On January 3, 2012, the Federal Motor Carrier Safety Administration's (FMCSA) banned the use of hand-held cell phones by Commercial Motor Vehicle (CMV) drivers while driving their vehicles. Drivers who violate the cell phone ban face fines of up to $2,750 per offense. While employers are...
In the last several years, the Equal Employment Opportunity Commission (EEOC) has accelerated its scrutiny of employers’ use of background and credit checks to pre-screen its applicants. Earlier in 2014, the United States Court of Appeals for the Sixth Circuit upheld the dismissal of a case, EEOC...
On March 25, 2015, the U.S. Supreme Court released its decision in Young v. United Parcel Service, 135 S. Ct. 1338; 191 L. Ed. 2d 279 (2015), providing direction to employers with regard to accommodating pregnant employees. In light of this recent decision, employers may be required to...
A recent decision issued by the Third Circuit Court of Appeals should give any employer subject to the Family Medical Leave Act (FMLA) reason to pause. The case started out as any other routine FMLA matter. An employee provided her employer with documentation sufficient to request FMLA...
MASUD LABOR LAW GROUP By: Brian Boyd Family and Medical Leave Act (FMLA) leave is often thought of as an impenetrable fortress wherein an employee remains untouchable throughout the duration of their leave. In fact, many employers are confused about the true scope of FMLA leave and would...
Improperly or untrained employees, especially supervisors, are ticking litigation time bombs in today’s employment world where employers face frequently changing and legally treacherous minefields due to by state and federal legislation, regulations, and court decisions. Employers are required to know and comply with complex legal mandates including,...
ADA PUBLIC ACCOMMODATION REQUIREMENTS Almost everyone knows that the Americans with Disabilities Act prohibits discrimination in employment. We speak frequently on the ADA provisions that prohibit discrimination of an otherwise qualified person with a disability in the employment setting. However, ADA’s Title III prohibits discrimination in public accommodation. According...
In employment discrimination, the phrase “Cat’s Paw” refers to a situation “in which a biased subordinate, who lacks decisionmaker power, uses the formal decisionmaker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” In Marshall v. The Rawlings Co., LLC, (2016), the Sixth Circuit recently...
In McNeil-Marks v. Mid-Michigan Medical Center-Gratiot, the Michigan Court of Appeals held that attorneys qualify as members of a “public body” under the Michigan Whistleblower’s Protection Act (WPA). Specifically, any licensed attorney in good standing with the Michigan Bar Association qualifies as a member of a...
Arbitration clauses are becoming increasingly more prevalent, especially in the context of employment. So too, is their scope. While it is clear that the language of the agreement generally determines whether a certain dispute is covered by a given arbitration agreement, what remains less clear...