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September 12, 2012

Seventh Circuit Reverses Itself on Reassignments as a Reasonable Accommodation Under the ADA (or "Humiston-Keeling: An Appreciation")

The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for qualified
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September 11, 2012

California Court Validates Piece-Rate Pay for Drivers

In a significant victory for trucking companies operating in California, in Carson v. Knight Transportation,
Insight
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September 11, 2012

Federal Appellate Court Holds that Requiring an Employee to Undergo Psychological Counseling May Constitute Requiring a Medical Examination Under the ADA

While numerous cases have dealt with whether a particular medical examination required by an employer
Insight
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September 11, 2012

Sixth Circuit Affirms that Severance Is Not "Wages" Subject to FICA, Creating Circuit Split

In United States v. Quality Stores, Inc., 2012 U.S. App. LEXIS 18820 (6th Cir. Sept. 7, 2012), the Sixth
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September 6, 2012

Sixth Circuit Upholds Decertification of FLSA Collective Action Challenging Automatic Meal Break Deductions

In a significant victory for employers, the U.S. Court of Appeals for the Sixth Circuit, in Frye v. Baptist
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September 4, 2012

Employers Must Update FCRA Notices for Their Background Check Programs Before January 1, 2013

High-profile enforcement actions by the Federal Trade Commission (FTC) have increased overall employer
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August 29, 2012

Another Court Upholds the Employer's Right to Discover Information About the EEOC's Own Hiring Policies

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance
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August 23, 2012

Missouri: True Non-Competition Agreements Are Still Enforceable, but Solicitation Restrictions Must Be Limited to Existing Customers with Whom the Employee Dealt During Employment

The Missouri Supreme Court rarely entertains non-competition cases. In Health Care Services of the Ozarks,
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August 23, 2012

New Life: The Eleventh Circuit Turns Back ADA Challenge to Employer's Wellness Program

An Eleventh Circuit Court of Appeals panel  recently held that a governmental employer's wellness
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August 17, 2012

Appellate Court Finds Connecticut Fair Employment Practices Act Does Not Prohibit Employers from Discriminating Against Employees Perceived as Physically Disabled, if They Are Not Disabled

The Connecticut Fair Employment Practices Act (CFEPA) prohibits discrimination based on an employee's

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