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Students won’t be the only ones with homework this weekend. While parents have been coordinating their pick-up/drop-off schedules, packing lunches and sending their kids off to school this week – the DOL has been busy too. Yesterday the Wage and Hour Division released six opinion letters

  • Organ donors' qualification for FMLA leave

Employers value resolution. Whether it’s resolving an employment lawsuit, a charge before a government agency, or a disgruntled employee’s complaint, we strive for resolution. And any resolution worth its salt includes a signed waiver and release of claims (or “waiver” for short) – which should provide finality. But when is a waiver ...

In its quest to remain relevant, the NLRB has issued many decisions over the last several years that impact both unionized and union-free companies. More and more, union-free companies are finding themselves on the wrong end of Unfair Labor Practice (“ULP”) charges. It seems that no company is outside the reach of the NLRB. It has become the ...

By Samantha Koeninger Rittgers & Haleigh Hopkins

EEOC and Estee Lauder recently settled a 2017 litigation matter alleging that the company discriminated against male employees because of and on the basis of sex, in violation of both Title VII and the Equal Pay Act. The male employees were all biological fathers who sought and/or were provided ...

By Catherine Gorman and Dan Burke

A recent decision by the Sixth Circuit Court of Appeals (a federal court whose decisions apply to all Ohio and Kentucky employers) is a good reminder that employers must keep the Americans with Disabilities Act (ADA) in mind when managing pregnancy-related leaves of absence.

In Hostettler v. College of Wooster

The National Labor Relations Board released new advice memorandums on Friday, July 13. Despite the ominous date, the memos were not scary for employers. NLRB advice memos are essentially guidance for regional directors who have questions about cases before them. One of the memos, pertaining to the Lyft. Co., found that Lyft's rules regarding ...

Trump made waves this week when he named D.C. Circuit Appellate Judge Brett Kavanaugh as his pick to replace retiring U.S. Supreme Court Justice Anthony Kennedy.  Pundits immediately jumped to the big questions.  Will Republican Senators Collins and Murkowski support Trump’s pick? Will Kavanaugh give the court an impenetrable conservative ...

On June 27, 2018 the Supreme Court issued its most important labor law decision in the past 40 years. In those four decades, a case named Abood was the leading precedent that allowed public sector unions to charge a so-called “agency fee” to nonmembers of the union for collective bargaining activities of the union. No more.

In its 5-4 decision ...

As discussed in a previous post, the Trump Administration is committed to taking an aggressive stance on worksite enforcement actions.  Last month the U.S. Immigration and Customs Enforcement (“ICE”) agency announced that in the first seven months of this fiscal year, worksite enforcement cases have already doubled the number of cases from ...

In a previous blog post, we wrote about the National Labor Relations Board’s (“NLRB”) decision in Hy-Brand Industrial Contractors, Ltd., where the NLRB reversed its Obama-era change in evaluating joint-employment for purposes of the National Labor Relations Act (“NLRA”). The NLRB’s return to the pre-Browning-Ferris ...

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