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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


Chris Barrett

Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Termination for failure to meet pre-established standards did not violate the FMLA

Tuesday, 09 August 2016 08:16


An employer’s decision to terminate an employee for failure to comply with internal record keeping policies while on medical leave did not violate the Family Medical Leave Act (FMLA) according to the Eighth Circuit Court of Appeals. 


Replacing workers on strike with new permanent employees is a violation of the NLRA

Tuesday, 12 July 2016 14:11


The employer in this action operated a continuing care facility in Oakland, California. Many of the employees who worked at the facility were part of a collective-bargaining agreement between the employer and the Union which was set to expire in April 2010. In order to prepare for the agreement’s expiration, the parties preemptively began negotiations for a new agreement in February 2010. However, the parties were unable to agree on several issues in the new agreement and in May 2010, the Union began to picket outside the employer’s facility. A month later, the Union informed the employer that a one-week strike would be occurring in August unless the parties could reach a resolution before that time. No resolution was reached and on August 2, approximately 80 of the 100 union employees went on strike.


Reduction in employee duties without change in title or pay found to be an adverse action

Thursday, 09 June 2016 14:04


In 2015, the employee filed a complaint against his former employer, a horse racing track, alleging disability discrimination, creation of a hostile work environment, constructive discharge, retaliation, and intentional infliction of emotional distress. The court reviewed the complaint after the defendant moved to have the case dismissed and found that there was sufficient evidence for the case to go forward on the disability discrimination claim but dismissed all other claims that were raised.


Failure to pay employee overtime and keep proper records results in stiff penalties

Wednesday, 11 May 2016 14:54


According to the U.S. Court of Appeals for the 8th Circuit, an employer who operates a day care for pre-school age children is required to pay his employees one-and-a-half times the hourly rate for any work performed beyond forty hours a week under the Fair Labor Standards Act (FLSA). Additionally, employers are required to keep records of their employees and of the wages they earn while working. 


Employer held not liable for FMLA interference and retaliation claims

Tuesday, 05 April 2016 09:12


Just three days before the plaintiff was scheduled to return to work from medical leave for knee replacement surgery, her position was eliminated. The employer terminated the plaintiff’s position as part of an ongoing reduction in force. The plaintiff alleged her termination violated the Family and Medical Leave Act (“FMLA”), and the employer moved for summary judgment.


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