by Kyle Smith | Mar 9, 2018 | Business Ownership, Employees, Human Resources
On March 7, the U.S. Court of Appeals for the Sixth Circuit issued an opinion holding that transgendered individuals are protected under Title VII of the Civil Rights Act of 1964, as discrimination against them is discrimination based on sex. The Sixth Circuit covers...
by Kyle Smith | Dec 19, 2017 | Business Ownership, Employees, Human Resources
As you have probably read, the now more employer-friendly NLRB recently overruled its 2015 decision in Browning-Ferris, a case which broadly expanded when two employers could be found to be joint employers of a group of employees under the NLRA. In Hy-Brand Industrial...
by Kyle Smith | Sep 7, 2017 | Employees
Employers should keep in mind that if they do not pay hourly (non-exempt) employees for a meal period, the employee must be completely relieved of duties during the non-compensated time. Additionally, the meal period must be at least 30 minutes. While this appears to...
by Kyle Smith | Aug 24, 2017 | Employee Leave, Employees
Employers should be aware that the EEOC has taken the position that leave policies under which an employee’s employment is automatically terminated after a set number of days, or months, violate the ADA. Case in point: the EEOC sued Lowes last year for violating the...
by Kyle Smith | Jul 25, 2017 | Business Ownership, Employees, Human Resources
A court in Massachusetts has allowed an employee who tested positive for marijuana to continue her disability discrimination case against the employer who terminated her employment based on the positive drug test. The facts in the case are a little clouded: The...
by Kyle Smith | Jul 10, 2017 | Business Ownership, Employees, Human Resources
A 37 year employee of a coal mine is entitled to over half a million dollars in damages because of the coal company’s failure to accommodate his religious concerns about a handprint scanner. The handprint scanner system required each employee checking in or out...
