The Employer Law Report discusses recent legal developments and trends affecting employers. Porter Wright Morris & Arthur LLP publishes this blog.
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According to a complaint filed this week in New York, two licensed massage therapists, Christina Scavo and Shannon O'Toole, claim that the New York Jets never called them back to provide therapy for the Jets after Scavo's husband called Favre to complain during training camp in 2008 that he had...
Over the last week or so, two stories about drugs in the workplace caught my eye. First was the NY Times article on employer efforts to respond to the increasing use of prescription drugs in the workplace. The article appropriately addressed the conflict between employer needs to ensure a...
Several days ago, I read the New York Times article reporting that the NLRB's Manhattan Regional Director was threatening to file a complaint against Thomson-Reuters for allegedly reprimanding an employee who had criticized management on Twitter. At the time, I flagged the article because I wanted...
CBC News in Canada is reporting that a Canadian long-term disability insurance carrier recently terminated the long-term disability benefits a Quebec woman was receiving for "major depression" after photos she posted on her Facebook page showed her "having a good time at a...
In wage and hour cases, the number of hours employees have worked is usually a primary issue. When employees are misclassified as exempt, employers are often in a bind because they have not tracked the employees' time and are unable to refute the claims made by the employees as to how much...
Yesterday, the U.S. Supreme Court heard oral arguments in Ricci v. DeStefano, a case in which several white and Hispanic New Haven firefighters claim that they were discriminated against when the city refused to certify promotion test results based on a concern that the test may have been flawed....
We reported yesterday about the decision in the federal District Court for the District of Columbia which upheld the NLRB rule requiring a posting about union organizing rights. The plaintiffs in that lawsuit who were challenging the posting rule filed an appeal Monday in the D.C. Circuit...
In a decision on Friday, March 2, the federal District Court for the District of Columbia upheld the right of the National Labor Relations Board (NLRB) to require all employers to post a notice regarding employee rights to join unions. National Association of Manufacturers, et al. v. National Labor...
The Federal Motor Carrier Safety Administration ("FMCSA") has published another final rule which takes effect today, February 29, 2012. This rule addresses the drug use of commercial motor vehicles drivers, and the FMCSA aims to eliminate inconsistencies in at least three areas. First,...
Sixth Circuit Takes the Middle of the Road Approach and Clarifies that the "Totality-of-the-Circumstances" Test in Hostile Work Environment Cases is Based on What the Employee is Aware of, Not Necessarily What the Employee Actually Experiences
The Sixth Circuit's decision in Berryman v. SuperValu Holdings, Inc., clarifies that the "totality-of-the-circumstances" test used in hostile work environment cases does not have to be based on what the individually employee actually experiences, but rather what the individual employee is...