The U.S. Court of Appeals for the Sixth Circuit recently ruled that whether an employee failed to follow her employer’s procedures for requesting leave was due to “unusual circumstances” was a factual matter for the jury to decide. That factual question would determine whether the employee could sue the employer for violating the Family and Medical Leave Act (FMLA). The
Labor / Employment
Federal Courts Reject Nationwide Injunction for New Overtime Rule
Although the U.S. District Court for the Eastern District of Texas has blocked the U.S. Department of Labor’s (DOL) new overtime rule for Texas state employees, the initial salary threshold increases under the new rule went into full force and effect for the rest of the United States on July 1, 2024. The overtime rule raises the minimum salary threshold…
Communications Platforms Causing a Divide at Work? Here’s How to Avoid It
In today’s digital age, workplace communication has transformed dramatically. While technology has made staying connected easier, it’s also creating new challenges and divisions. However, bridging the gaps and unifying the team is possible with careful and intentional planning.
The shift to remote and hybrid work has accelerated our reliance on digital communication tools, bringing its own set of problems:
A…
Keeping It Professional at Work During Election Season
As the 2024 U.S. presidential election approaches, organizations are increasingly challenged with managing political discussions in the workplace. While such conversations can be unavoidable, they carry the potential for conflict and division if not handled with care.
Recent studies indicate that 83% of employees engage in political discussions at work. This statistic highlights the importance of addressing how these conversations…
U.S. Supreme Court Overturns Chevron Test
The U.S. Supreme Court overturned a 40-year-old precedent in striking down the so-called “Chevron” test, which instructed courts when they should defer to federal agencies’ interpretations of law in rulemaking. In its 6-3 ruling, the Supreme Court discarded the analysis first adopted in its 1984 decision in Chevron v. Natural Resources Defense Council, holding that the test improperly elevated the…
Eleventh Circuit Affirms Summary Judgment in Favor of Radiology Practice in FMLA Suit
The U.S. Court of Appeals for the Eleventh Circuit affirmed the lower Court’s grant of summary of judgment in favor of a radiology practice in a lawsuit brought by a former doctor at the practice. Jason Browning alleged that he was fired after requesting medical leave under the Family and Medical Leave Act (FMLA). However, the Eleventh Circuit ruled that…
EEOC Argues Against Dismissal of Title VII Sexual Harassment Suit Involving Trans Worker
The U.S. Equal Opportunity Commission (EEOC) has filed a response to an Illinois hog farm’s motion to dismiss its Title VII sexual harassment suit on behalf of a transgender former employee.
The EEOC filed suit against Sis-Bro in Illinois federal court in March. The company’s president insisted on calling the unidentified former employee by her former name and criticized her…
U.S. Supreme Court to Consider Whether ADA Applies to Post-Employment Benefits
The U.S. Supreme Court has granted the certiorari petition of a retired Florida firefighter, who has asked the high Court to consider whether the anti-discrimination provisions of the Americans with Disabilities Act (ADA) apply to post-employment benefits for retirees. Karyn Stanley is challenging a decision of the U.S. Court of Appeals for the Eleventh Circuit, which dismissed her discrimination suit…
Impending Court Decisions on FTC Noncompete Rule Should Guide Employers
The Federal Trade Commission’s (FTC) final rule that makes most noncompete agreements unenforceable, with a few exceptions, has been the target of significant litigation in recent months. The prohibition on noncompetes is inapplicable to certain industries, such as airlines, financial services, and non-profits, and to existing agreements with “senior executives.” The final rule defines senior executives as people earning more…
Marijuana Legalization Leads U.S. Workers to Increasingly Test Positive and Cheat on Employer Drug Screens
According to Quest Diagnostics, one of the nation’s leading drug-testing laboratories, positive marijuana tests among the U.S. workforce increased to 4.5% in 2023. The percentage of positive tests was 4.3% in 2022 and 3.1% in 2019. In 2023, Quest conducted about 8.4 million urine drug tests for employers, plus 1.3 million oral fluid tests and 73,000 hair tests. Meanwhile, the…