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Results: 11-20 of 21

NLRB delays posting requirement again

  • Squire Patton Boggs
  • -
  • USA
  • -
  • January 3 2012

On December 23, 2011, the National Labor Relations Board (the “Board”) announced that it would postpone the effective date of its employee rights notice-posting rule to April 30, 2012

Is a pre-eligibility leave request a viable basis for FMLA claims?

  • Squire Patton Boggs
  • -
  • USA
  • -
  • February 6 2012

Yes, in a case of first impression, the Eleventh Circuit affirmed that a pre-eligibility request for post-eligibility leave may serve as a viable basis for interference and retaliation claims under the Family and Medical Leave Act (FMLA

The Sixth Circuit clarifies the narrow reach of McDonnell Douglas

  • Squire Patton Boggs
  • -
  • USA
  • -
  • July 5 2012

Earlier this week, the Sixth Circuit resuscitated the individual claim and proposed class-action of Plaintiff-Appellant Kathryn Keys (“Plaintiff”), an African-American female who alleged that her former employer, Defendant-Appellee Humana, Inc. (“Humana”) engaged in a pattern of discrimination against African American managers and professional staff

The proper standard of proof in FMLA interference cases

  • Squire Patton Boggs
  • -
  • USA
  • -
  • January 26 2012

On January 17, 2012, nearly twenty years after the introduction of the Family and Medical Leave Act (“FMLA”), the Sixth Circuit clarifies the proper standard of proof for FMLA interference claims by applying the burden-shifting framework announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973

Controversial “ambush” election rule held to be invalid

  • Squire Patton Boggs
  • -
  • USA
  • -
  • June 19 2012

America’s National Labor Relations Board (NLRB), the agency responsible for conducting elections for union representation and with investigating and remedying unfair labor practices, faces new opposition in its effort to overhaul the union election process and reduce what it deems are “unnecessary” delays

Another posting for employers: new NLRB posting obligation for employers

  • Squire Patton Boggs
  • -
  • USA
  • -
  • August 30 2011

Effective November 14, 2011, private employers will be required to post a workplace notice of employee rights under the National Labor Rights Act

The Sixth Circuit clarifies the proper standard of proof in FMLA interference cases

  • Squire Patton Boggs
  • -
  • USA
  • -
  • January 23 2012

In Donald v. Sybra, Inc., Case No. 10-2153 (6th Cir. January 17, 2012). the Sixth Circuit recently clarified the proper standard of proof for FMLA interference claims by applying the burden-shifting framework announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973

Volunteers may tip the scales for unsuspecting American non-profit “employers”

  • Squire Patton Boggs
  • -
  • USA
  • -
  • October 19 2011

The current financial crisis has left non-profit organizations turning to volunteers as a means of dealing with technology services, program development, staff training or even fundraising

The Sixth Circuit affirms reinstatement in lieu of $4.4m front pay award on disabled vet's constructive discharge claim

  • Squire Patton Boggs
  • -
  • USA
  • -
  • December 19 2011

Last week, the Sixth Circuit affirmed that disabled Army veteran, James McKelvey was only entitled to reinstatement and back pay on his constructive discharge claim, in lieu of a $4.4M jury award for front pay. McKelvey v. Secretary, No. 10-1172 (Dec. 14, 2011

Sixth Circuit clarifies "honest belief" standard

  • Squire Patton Boggs
  • -
  • USA
  • -
  • April 20 2012

On Tuesday, the Sixth Circuit resuscitated Plaintiff-Appellant Johnnie Brooks, Jr.’s (“Brooks”) claim under the Age Discrimination Employment Act, 29 U.S.C. 621 et seq., (“ADEA”) finding Brooks established a prima facie case of age discrimination and provided sufficient evidence of pretext to survive summary judgment