In an earlier post, we analyzed the Supreme Court’s holding in Epic Systems Corp. v. Lewis, which held that employers may include in employment agreements arbitration provisions that require employees to arbitrate their disputes individually rather than through a collective [...]
In a big win for employers, the U.S. Supreme Court ruled 5-4 last week in Epic Systems Corp. v. Lewis that employers may include in employment agreements arbitration provisions that require employees to arbitrate their disputes individually, rather than through legal [...]
The U.S. Court of Appeals for the Sixth Circuit has unequivocally weighed in: failure to permit an employee to telecommute or work remotely as a disability accommodation may violate the Americans With Disabilities Act (“ADA”). To date, employers in the [...]
The 2017 NFL season will go down in sports history books for its controversy resulting from the trend of players kneeling during the national anthem, in protest against police brutality. The trend has not only stirred up a great deal [...]
A split panel of the Sixth Circuit Court of Appeals recently held that the “cat’s paw” theory of liability applies to FMLA retaliation claims. In prior opinions, the Sixth Circuit has assumed without deciding that the theory is available in [...]
The Sixth Circuit issued an opinion late last week that should give a municipality pause before it removes a regulatory takings case to federal court. Siding with the Second and Fourth Circuits, the Court held that by removing a regulatory takings [...]
The Society for Human Resource Management and Society for Industrial and Organizational Psychology recently published a helpful white paper on the topic of using applicants' criminal and credit history in employment decision making. The white paper discusses not only the legality of background [...]
The Americans With Disabilities Act (ADA) prohibits employers from discriminating against any “qualified individual on the basis of a disability.” But a person is not a “qualified individual” under the ADA if he or she “poses a ‘direct threat’ to [...]
We've all heard the stories. Was he a productive employee? Not particularly. Did he meet his supervisor's expectations? Only some of the time. Does his personnel file reflect his below-standard job performance? No. It is critical that employers avoid this cycle. [...]
Today, the U.S. Supreme Court will hear arguments in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, a wage-and-hour dispute brought by a class of employees at a meat processing plant. Tyson appealed from the jury verdict in favor of the [...]
