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Results: 11-20 of 23

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


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


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


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 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


Background checks and credit reports continue to provide fodder for class action lawsuits
  • Squire Patton Boggs
  • USA
  • August 2 2012

On July 23, 2012, Plaintiff, Chiquita M. Warren filed a punitive class action against Defendant, Green Mountain Coffee Roasters, Inc., alleging the company used unauthorized consumer reports to reject otherwise qualified applicants, in violation of the Fair Credit Reporting Act (“FCRA”


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


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


Rejecting the Second Circuit, the Sixth Circuit opts to cover more employers under discrimination law
  • Squire Patton Boggs
  • USA
  • 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 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