Labor & Employment Developments Blog

In a ruling that bolsters employers’ established FMLA leave notice requirements, the Sixth Circuit affirmed the district court’s decision granting summary judgment in favor of the employer and upheld a former employee’s discharge for failure to follow the call-in requirements of his employer’s attendance policy in White v. Dana Light Axle Manufacturing, LLC.  The decision is assuring to employers who have established and adhere to FMLA leave policies that require employees follow specific procedures to notify their employers of their intent to take protected FMLA leave.

As most employers are aware, the definition of what constitutes a “disability” for purposes of providing a reasonable workplace accommodation was broadened significantly with the enactment of the Americans with Disability Act Amendments Act of 2008 (ADAAA). 

Employers received more good news from the U.S. Supreme Court this week with decisions in two cases that toughen standards for determining who is a supervisor and for proving retaliation. 

For employers, compliance with wage-hour laws, including the Fair Labor Standards Act (“FLSA”) is more important than ever.  A top lawyer at the Department of Labor (“DOL”) stated earlier this month during a conference that the DOL has a new emphasis on investigations of potential FLSA violations. 

Yesterday, the Supreme Court issued its long awaited decision in American Express v. Italian Colors Restaurant. 

Now that summer is here, many companies have brought in the annual crop of summer interns.  It is likely that at least some of these interns are unpaid, working for the privilege of gaining experience or a foot in the door that might lead to a paying position.  A Federal District Court in Manhattan ruled this week that Fox Searchlight Pictures violated federal and New York minimum wage laws by not paying production interns. What does this mean for employers?  

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit struck down a National Labor Relations Board (“NLRB”) rule requiring both union and non-union employers to display posters informing employees of their right to form a union and engage in other concerted activity.

On March 5, 2013, Sen. Tom Harkin, D-Iowa, and Rep. George Miller, D-Calif., introduced legislation that would raise the federal minimum wage.  If enacted, the recently-proposed Fair Minimum Wage Act would amend the Fair Labor Standards Act to raise the federal minimum wage to $10.10 per hour over three years.  The increase would be accomplished by establishing a minimum wage of $8.20 per hour on the first day of the third month after enactment - an increase of 95 cents over the current federal minimum wage - followed by a minimum wage of $9.15 per hour one year after the initial bump and then $10.10 per hour a year later.

In addressing a disability discrimination claim under the ADA, the Eleventh Circuit ruled this past week that an indefinite leave of absence does not constitute a reasonable accommodation.

Demonstrating the NLRB’s increased focus on limiting employer confidentiality rules, a three member panel of the NLRB recently ruled in DirecTV U.S. DirecTV Holdings LLC, 359 NLRB No. 4 (January 25, 2013) that four work rules maintained by DirecTV were unlawful restrictions on employees’ Section 7 rights and that the employer did not repudiate the rules.