Weekly Industry News – Employment Law

The latest on FMLA liability, Toys “R” Us EOCC Disability discrimination suit and more.

Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability by R. Michelle Tatum on jdsupra.com

Executive Summary:   While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train human resources personnel, as well as managers and supervisors, on how to properly handle leave requests.  In Dawkins v. Fulton County Gov’t, (11th Cir. Sept. 30, 2013), an employee sought to bring a claim of FMLA retaliation based on a manager’s one word response of “Approved” to an e-mail requesting both emergency and FMLA leave, even though she did not comply with the employer’s medical certification requirements…. [ Read More ]

Senate Confirms Griffin to be National Labor Relations Board General Counsel by Harold P. Coxson  on jdsupra.com

The U.S. Senate on Tuesday confirmed President Obama’s nomination of Richard F. Griffin, Jr. to serve as general counsel of the National Labor Relations Board (NLRB). The vote was 55-to-44 and fell along party lines; Senator Lisa Murkowski (R-Alaska) joined Senate Democrats and independents in approving the nomination. With Griffin’s confirmation, the final piece is now in place in what for employers should be a very challenging four years.Griffin formerly served for many years as general counsel of the International Union of Operating Engineers (IUOE) before becoming a member of the NLRB in 2012, following a “recess” appointment by the president… [ Read More ]

Judge OKs class action wage suit against Apple, others by Donna Tam  on news.cnet.com

A federal judge has given the green light on a class action suit in California that accuses tech juggernauts of conspiring to eliminate the competition for employees by fixing wages and agreeing not to actively recruit from each other. US District Court Judge Lucy H. Koh granted the plaintiffs’ motion late Thursday night to certify the lawsuit against Adobe, Apple, Google, Intel, Intuit, Lucasfilm, and Pixar, according to a court document. The plaintiffs, former employees of the named companies, accuse the companies of carrying out this “interconnected web” of agreements between 2005 and 2009… [ Read More ]

Toys”R”Us Will Pay $35,000 to Settle EEOC Disability Discrimination Lawsuit by EEOC on jdsupra.com

BALTIMORE – Toys”R”Us, Inc., one of the world’s largest retailers of toys and juvenile products, will pay $35,000 and provide significant equitable relief to settle a disability discrimination lawsuit, the U.S Equal Employment Opportunity Commission (EEOC) announced today. According to the EEOC’s suit, after Shakirra Thomas applied for a team member position at the retailer’s Columbia, Md., store, Toys”R”Us contacted her and requested that she attend a group interview.  The EEOC said that when Thomas’s mother told Toys”R”Us that Thomas was deaf and requested that it provide an interpreter for the interview, the retailer said that Thomas would have to provide her own interpreter for the interview… [ Read More ]  

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