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The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award
  • Ogletree Deakins
  • USA
  • April 17 2017

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California's Fair


The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care
  • Ogletree Deakins
  • USA
  • April 17 2017

The Fourth Circuit Court of Appeals' recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a


Wisconsin Court Holds Discharging Employee Because of Misconduct Caused by Disability Can Be Discrimination
  • Ogletree Deakins
  • USA
  • April 14 2017

The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged


Third Circuit Substitutes “Likely Reason” for “But For” at Summary Judgment Stage of Retaliation Case
  • Ogletree Deakins
  • USA
  • April 7 2017

In Carvalho-Grevious v. Delaware State University, No. 15-3521 (March 21, 2017), the Third Circuit Court of Appeals addressed an important


Seventh Circuit Finds Sexual Orientation Discrimination Is Sex Discrimination Under Title VII, SCOTUS Review Likely
  • Ogletree Deakins
  • USA
  • April 5 2017

On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated en banc decision inHively v. Ivy Tech Community College of


Tip Credit Does Not Apply to Delivery Drivers Declares Connecticut Supreme Court
  • Ogletree Deakins
  • USA
  • April 4 2017

In a decision released on April 4, 2017, the Connecticut Supreme Court found that employers cannot take advantage of a "tip credit" for delivery


Lawlessness Quashed, Part II: President and Congress Stop OSHA’s Attempt to Avoid the Volks Decision
  • Ogletree Deakins
  • USA
  • April 4 2017

On Monday, April 3, 2017, President Trump signed a Congressional Review Act resolution, passed by the House on March 1 and by the Senate on March 22


New Jersey Bills to Provide Employment Protections for Medical Marijuana Patients Introduced
  • Ogletree Deakins
  • USA
  • April 3 2017

On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA) was signed into law. While the NJCUMMA explicitly states that


New Hampshire Supreme Court Quickly Disposes of Whistleblower Claims
  • Ogletree Deakins
  • USA
  • April 3 2017

Defeating whistleblower claims often requires a significant investment of time and resources in protracted litigation. But a recent decision in New


Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No
  • Ogletree Deakins
  • USA
  • March 30 2017

On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to