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https://www.employerlawreport.com/

Porter Wright’s Labor and Employment Department represents management clients in matters ranging from complex employment discrimination and wrongful discharge litigation, including class actions and ERISA litigation, to compliance with various federal, state, and local employment laws and regulations, including the FLSA. 

Recent Blog Posts

  • Porter Wright offers tailored HR Audits By Rachel Burke    Porter Wright is pleased to announce that it is now offering customized audits of the specific HR policies and practices you select at custom, fixed-cost or other fee arrangements that will give you certainty about the expense before the audit even begins. Simply choose from the menu of HR audit services we offer and work with one of our labor and employment attorneys to determine a price for those services. Our tailored HR audit allows you to focus... More
  • Courts in Massachusetts and Rhode Island permit medical marijuana users to pursue disability discrimination claims By Rachel Burke    Recent decisions from the Massachusetts Supreme Judicial Court and a Rhode Island Superior Court have held that a discharged employee and a rejected applicant, both of whom tested positive for marijuana, may pursue disability discrimination claims under state law. These are among the first decisions issued that address whether employers have a state law obligation to reasonably accommodate the medical marijuana use of their disabled employees and applicants. Because marijuana use – whether for medicinal or recreational purposes –... More
  • DOL joins NLRB in making joint employment an enforcement priority By Rachel Burke    In prior posts (Are you a “joint employer” with your temporary staff supplier? The National Labor Relations Board says “Yes,” and ; NLRB poised to relax standard for establishing joint employment; may mean more union issues in franchising and temporary service worker deals ), we wrote about decisions by the National Labor Relations Board (NLRB) that expand the definition of joint employment and broaden potential liability for violations of the National Labor Relations Act. Last month, the U.S.... More
  • EEOC issues guidance directed specifically to HIV positive employees and their physicians By Rachel Burke    Whether the U.S. Equal Employment Opportunity Commission is taking advantage of the fact that HIV infection has been in the news lately (thanks to Charlie Sheen’s recent disclosure about his own HIV status) or the timing is pure coincidence, the EEOC earlier this month issued two publications regarding the rights afforded by the Americans with Disabilities Act to job applicants and employees living with HIV. Although the EEOC previously issued a more general guidance about the ADA’s protections... More
  • The use of criminal background checks to make employment decisions is not without peril By Rachel Burke    One of the first cases filed by the U.S. Equal Employment Opportunity Commission (EEOC) following its 2012 updated guidance on the use of arrest and conviction records in employment decisions has been resolved. Last month, a federal court in South Carolina approved a settlement in which BMW Manufacturing Co., LLC (BMW) agreed to pay $1.6 million and offer jobs to aggrieved African-American former employees and applicants. BMW had already voluntarily changed its criminal conviction policy. The EEOC filed suit... More
  • Another FLSA case gets to trial based only on uncorroborated testimony By Rachel Burke    In June, we told you about Moran v. Al Basit LLC, 14-2335 (6th Cir. 2015), a new decision from the Sixth Circuit Court of Appeals demonstrating how easy it is to get to trial on a claim of unpaid overtime. Last month, in Garcia v. SAR Food of Ohio, Inc., 1:14-cv-01514 (N.D. Ohio 2015), a district court in Ohio relied on that decision to deny summary judgment to an employer that did most things right with regard to... More
  • Employee’s testimony about hours worked is enough evidence to get to trial By Rachel Burke    In another example of how easy it is for an employee to get to trial on a claim for unpaid overtime, in Moran v. Al Basit LLC, 14-2335 (6th Cir. 2015), the Sixth Circuit Court of Appeals this week reversed a district court decision granting summary judgment for the employer on a former employee’s Fair Labor Standards Act claim. Most notable about the decision is that the only evidence presented by the employee in support of his claim was... More
  • Court revives FLSA claims of independent contractor By Rachel Burke    The Court of Appeals for the Sixth Circuit ruled last week in Keller v. Miri Microsystems that a technician who installed satellite dishes is entitled to a jury trial on the issue of whether he was improperly classified as an independent contractor and therefore entitled to overtime pay. Michael Keller argued that he was not an independent contractor of Miri Microsystems, LLC, a satellite-internet-dish installation company, but, rather, was an employee who should have been compensated in a manner... More
  • Handbook and other statements made about the availability of FMLA leave may be binding By Rachel Burke    In a decision issued by the United States Court of Appeals for the Sixth Circuit (the “Court”) on January 26, 2015, an employee who, but for statements made by his employer, would not have been eligible for leave under the FMLA was nevertheless found to be entitled to it. The Court’s opinion in Tilley v. Kalamazoo County Road Commission, et al. should serve as a warning to all employers that statements made to employees about their FMLA eligibility... More
  • Articulating inconsistent reasons for an employee’s discharge results in a denial of summary judgment By Rachel Burke    The Sixth Circuit Court of Appeals recently revived an age discrimination lawsuit brought against printing giant QG LLC by a former Plant Facilities Manager, finding that QG could not hide behind the poor economic climate and its own decision to reduce headcount when it discharged the manager and replaced him with a younger employee, particularly given that it offered inconsistent reasons for the discharge. In Pierson v. Quad/Graphics Printing Corp., James Pierson was discharged from his position as... More