EEOC Attacks TB Testing Program at Rehabilitation and Nursing Facility
A rehabilitation and nursing company refused to let an employee start working who tested positive on a preliminary Tuberculosis skin test. In its lawsuit, (EEOC v. Health Partners, Inc., Case No. 2:11-CV-12024), filed in U.S. District Court
Alabama: No Employee Texting or Email While Driving
Effective August 1, 2012, Alabama law now prohibits drivers from writing, sending or reading a text or email while operating a motor vehicle. First, second and third or subsequent offenses may lead to fines of $25, $50 and $75, respectively. T
Surface Transportation Assistance Act: Whistleblower Protection Final Rule issued by OSHA
OSHA issued its Final Rule implementing the whistleblower provisions of the Surface Transportation Assistance Act [STAA]. As a result of the 9/11 Commission Act Amendments, the whistleblower protections of the STAA were expanded to reach beyo
Health Care Reform Upheld: Employers Must Plan to Comply
The U.S. Supreme Court has upheld the massive health care reform law, the Patient Protection and Affordable Care Act (ACA). While the law’s individual mandate has survived constitutional scrutiny, many challenges and questions for employers re
Supreme Court Holds Pharmaceutical Sales Reps Are Exempt Outside Sales Employees
On June 18, 2012, the U.S. Supreme Court issued its long awaited opinion in Christopher v. Smith Kline Beecham Corp. finding that Pharmaceutical Sales Reps (“PSRs”) were exempt from the overtime requirements of the Fair Labor Standards Act
Social Media Policies and the NLRB’s May 30, 2012 Report
The NLRB’s Office of General Counsel issued on May 30, 2012, Memorandum OM 12-59; yet another memo on Social Media Policies adopted by employers. This report criticizes seven new policies and follows up on the August 2011 and January 2012 rep
Tennessee Tipped Employees Can Now Waive Meal Breaks
Tennessee’s wage and hour statute requires that any employee scheduled to work six consecutive hours must be provided with a thirty (30) minute unpaid meal break (unless the nature of the business provides “ample opportunity [for employees]
Manager Lacks Title VII Claim Based on Marriage to Illegal Immigrant
A bank sales manager who alleged she was fired because of her marriage to an undocumented immigrant from Mexico lacks a national origin discrimination claim under Title VII of the Civil Rights Act of 1964, according to the U.S. Court of Appeal
Summer Interns: Paid or Unpaid?
Every summer, many employers take on “interns” and ask whether the intern must be paid. Interns, trainees and students are employees and must be paid minimum wage and overtime according to the requirements of the federal Fair Labor Standards
NO FMLA VIOLATION: Fired for Attending Octoberfest while on FMLA Leave.
The Sixth Circuit Court of Appeals [covering Tennessee, Kentucky, Ohio, Michigan] upheld the employer’s termination of an employee out on FMLA leave who was seen by several other employees at Cincinnati’s Octoberfest celebration. The em