Archive for June, 2010

Department of Labor Clarifies who can take FMLA Leave Related to “Son or Daughter”

By | June 22nd, 2010 | General » Leave a comment

The Department of Labor today issued an administrator’s interpretation, attempting to define just who is a “son or daughter” of an employee seeking to take FMLA-protected leave. The Family Medical Leave Act (FMLA) requires an employer to provide up to 12 weeks of job-protected leave for an employee needing leave “[b]ecause of the birth [or […]

Supreme Court Okays Review of Text Messages Sent on Employer-Provided Equipment

By | June 22nd, 2010 | General » Leave a comment

In a unanimous decision, the Supreme Court of the United States decided that a governmental employer’s search of text messages sent on a company-issued pager was permissible. The case, City of Ontario v. Quon, arose when Quon, a law enforcement officer, was disciplined after internal affairs learned that he was pursuing personal interests while on […]

Employees Should be Paid for Putting on and Taking off Protective Gear

By | June 22nd, 2010 | General » Leave a comment

In its second ever “administrative interpretation”, the Department of Labor once again overturns previous opinions issued during the Bush Administration. Under Section 203(o) of the Fair Labor Standards Act, time spent “changing clothes” is not counted as compensable time if it is excluded from a Collective Bargaining Agreement. Until 2002, the Department of Labor considered […]

Oklahoma Closes Loophole and Makes it Easier to Sue for Pregnancy Discrimination

By | June 21st, 2010 | General » Leave a comment

Earlier this legislative session, Governor Brad Henry signed a law closing a legal loophole for women who are victims of pregnancy discrimination. Under federal law, pregnancy discrimination is prohibited, but the federal law protects only employees who work for companies with 15 or more employees. Although other forms of discrimination are not prohibited under state […]

Transfer to Lower Paid Position Considered Reasonable Accommodation Where Employee Unable to Meet Physical Requirements of Former Position

By | June 21st, 2010 | General » Leave a comment

Earlier this month, the Tenth Circuit Court of Appeals determined that an employee who had performed his job for two years without incident could be reassigned to a lower-paid position when he failed to pass an annual fitness examination. In the case, Wilkerson v. Shinseki, Mr. Wilkerson had worked as a boiler plant operator for […]

Reassignment Under the ADA – Tenth Circuit Clarifies When it is NOT Required

By | June 21st, 2010 | General » Leave a comment

In a recent decision by the Tenth Circuit Court of Appeals, the Court examined the requirement under the Americans with Disabilities Act to reassign a disabled worker. Employers will recall that it has been the law in this circuit for more than 10 years that an employer is required to reassign a disabled employee to […]

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