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Sixth Circuit clarifies recent FLSA regulation change

Squire Sanders
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USA
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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

The proper standard of proof in FMLA interference cases

Squire Sanders
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USA
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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

Constitutional challenges in recent cases

Squire Sanders
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USA
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November 4 2010

Two cases were decided recently that have significant impact and interest for school districts

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

Squire Sanders
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USA
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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 Sanders
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USA
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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

Rejecting the Second Circuit, the Sixth Circuit opts to cover more employers under discrimination law

Squire Sanders
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USA
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September 14 2011

In a case of first impression, last week the Sixth Circuit addressed the scope of the term “employee,” in the volunteer context under Title VII of the Civil Rights Act of 1964 (“Title VII”

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

Squire Sanders
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USA
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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

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

Squire Sanders
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USA
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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

A recent Sixth Circuit decision raises the question: does your promotional process have a disparate impact on minorities?

Squire Sanders
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USA
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November 9 2011

A panel for the Sixth Circuit Court of Appeals recently required the City of Memphis (“City”) to immediately promote twenty-eight African American police officers to the rank of lieutenant

Expansion of discrimination law

Squire Sanders
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USA
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September 27 2011

Title VII of the Civil Rights Act of 1964 (“Title VII”) forbids employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin