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Results: 11-20 of 21

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

Sixth Circuit clarifies recent FLSA regulation change

  • Squire Patton Boggs
  • -
  • USA
  • -
  • February 22 2012

When Plaintiff John Orton’s employer stopped paying his annual base salary, he brought suit under the Fair Labor Standards Act seeking unpaid wages and expenses

EEOC's guidance on background checks

  • Squire Patton Boggs
  • -
  • USA
  • -
  • April 9 2012

In response to mounting concern over the use of criminal records and credit reports to screen potential employees, Commissioner Victoria Lipnic of the Equal Employment Opportunity Commission (EEOC) announced on March 13, 2012, that the EEOC is "likely" to issue new guidance to employers on the use of both criminal history and credit background checks in the near future

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

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

The NLRB's "ambush election" rule is now in effect

  • Squire Patton Boggs
  • -
  • USA
  • -
  • May 2 2012

On December 22, 2011, the National Labor Relations Board adopted a final rule which significantly modified, in certain respects, the procedure for processing representation petitions

The EEOC's new and improved (or at least more detailed) Enforcement Guidance on arrest & conviction records

  • Squire Patton Boggs
  • -
  • USA
  • -
  • May 22 2012

As promised in a previous post, the Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance concerning the use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended

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

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 reach of McDonnell Douglas

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

Yesterday, the Sixth Circuit resuscitated the individual claim and proposed class-action of Plaintiff Kathryn Keys, an African-American female who alleged that her former employer engaged in a pattern of discrimination against African American managers and professional staff