Senate committee advances NLRB nominees 
Published: May 23, 2013
Tags: Congress, Employment Law, NLRB, recess appointments, U.S. Supreme Court, unions
WASHINGTON – A Senate committee has advanced the nominations of President Barack Obama’s five picks for the National Labor Relations Board, setting the stage for a potential partisan showdown on the Senate floor.
Medicare statute doesn’t preempt state comp law
Published: May 22, 2013
Tags: Medicare, Medicare Secondary Payer statute, workers' compensation
The Medicare Secondary Payer Statute does not preempt a state law requiring a workers’ compensation claimant to obtain preauthorization before incurring certain medical expenses, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Employee could pursue ADA claim despite Chapter 13 bankruptcy
Published: May 21, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, CHAPTER 13, disability discrimination, standing
An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Wage & hour suits hit record high, firm study finds
Published: May 21, 2013
Tags: fair labor standards act, FLSA, Seyfarth Shaw, wage and hour claims
Wage-and-hour lawsuits filed under the Fair Labor Standards Act have hit an all-time high, according to a new study of federal court caseloads.
Court to rule on whether private employees get SOX retaliation shield
Published: May 20, 2013
Tags: employment, OSHA, Sarbanes-Oxley Act, U.S. Supreme Court
WASHINGTON – Next term the U.S. Supreme Court will decide whether an employee of a privately held contractor or subcontractor of a public company is covered under the whistleblower protections of the Sarbanes-Oxley Act.
NLRB reversed again due to ‘invalid’ Obama recess appointment
Published: May 17, 2013
Tags: National Labor Relations Board, NLRB, recess appointments
A second federal appeals court has ruled that an order issued by the National Labor Relations Board cannot be enforced because of an “invalid” recess appointment by President Barack Obama.
Court reverses itself in striking $3.5M punitive award against Chrysler
Published: May 16, 2013
Tags: hostile environment, punitive damages, race discrimination, religious discrimination, Title VII
A Chrysler employee failed to produce sufficient evidence of malice or recklessness to justify a substantial award of punitive damages in a Title VII hostile environment case, the 7th U.S. Circuit Court of Appeals has ruled.
ERISA doesn’t completely preempt suit over pension rights
Published: May 15, 2013
Tags: breach of contract, ERISA, preemption, supplemental executive retirement plan
A tortious interference suit over contractual obligations arising under a pension plan was not completely preempted by ERISA, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Employer didn’t violate ADA by demanding mental exam
Published: May 14, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, medical examination, mental fitness exam
An employer didn’t violate the Americans with Disabilities Act when it required an employee to undergo a mental examination after he made threatening comments at work, the 11th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Benchmarks: Coca-Cola could require employee to undergo mental exam
By:
Pat Murphy
Published: May 13, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, medical exam, mental examination, workplace safety
A federal court of appeals has decided that Coca-Cola didn’t violate the Americans with Disabilities Act when it required an employee to undergo a psychiatric fitness-for-duty evaluation.
