Recent Blog Posts
- Managing Workforce Compliance in an Unpredictable World – Attend Our Annual Briefing (NYC, Sept. 14) When: Thursday, September 14, 2017 8:00 a.m. – 4:30 p.m.
Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019
Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including:
Global Executive Compensation
Internal Cyber Threats
People Analytics in Hiring
Wage and Hour
Paid and Unpaid Leave
Trade Secret Misappropriation
We will start the day with two morning Plenary Sessions. The first session is kicked off with Philip A. Miscimarra, Chairman... More
- Second Circuit Adopts “Motivating Factor” Causation Standard for FMLA Retaliation Claims The U.S. Court of Appeals for the Second Circuit recently clarified that the “motivating factor” standard of causation applies to Family and Medical Leave Act (FMLA) retaliation claims, instead of the “but for” causation standard applied in Title VII and ADEA retaliation cases. The “but for” standard is more onerous for the plaintiff, who must demonstrate that discrimination or retaliation was the determining factor for the adverse employment action, not just one reason among others. The less burdensome “motivating factor”... More
- Are Zero Tolerance Drug Testing Policies About to Go Up in Smoke? In an important new decision, the Massachusetts Supreme Judicial Court recently held that a qualifying patient who has been terminated from employment for testing positive for marijuana as a result of her lawful medical marijuana use may state a claim of disability discrimination under that state’s anti-discrimination statute. As we blogged with respect to a after a similar decision in Rhode Island, this holding has significant implications for employers that drug test for marijuana use because 29 states plus the... More
- DFEH Publishes Materials to Assist Employers with Handling Harassment Allegations The Department of Fair Employment and Housing (DFEH) recently released a brief, nine-page guide for California employers, which was prepared in conjunction with the California Sexual Harassment Task Force. This guide is intended to assist employers in developing an effective anti-harassment program, including information about how to properly investigate reports of harassment and understand what recourse is available. The guide addresses all forms of workplace harassment, including harassment based on sex.
Specifically, the guide provides employers with information regarding the particular components... More
- Latest ADA Decision Gives Businesses Another Reason to Consider Their Website’s Accessibility Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the health care industry: “Latest Website Accessibility Decision Further Marginalizes the Viability of Due Process and Primary Jurisdiction Defenses.”
Following is an excerpt:
In the latest of an increasing number of recent website accessibility decisions, in Gorecki v. Hobby Lobby Stores, Inc. (Case No.: 2:17-cv-01131-JFW-SK), the U.S. District... More
- Employee Laid Off Six Weeks After Taking Medical Leave Fails to Show Reassignment to “Sham Position”; FMLA Claims Dismissed What obligations does an employer have to an employee returning from leave under the Family and Medical Leave Act (FMLA)?
What must the employer do if it was forced to fill that employee’s position during the employee’s absence?
How long after the employee returns must the employer wait before taking an adverse action against that employee?
The U.S. Court of Appeals for the Fourth Circuit recently provided guidance to employers who frequently face these questions in the context of FMLA administration. In Waag... More
- Unanimous Supreme Court Backs Exemption for Church Affiliated Hospitals Under ERISA On June 5, 2017, in Advocate Health Care Network et al. v. Stapleton et. al, the Supreme Court unanimously held that employee benefit plans maintained by church-affiliated hospitals were exempt from the Employee Retirement Income Security Act (the “ERISA”), regardless of whether the plan was actually established by a church. The plaintiffs consisted of current and former employees of three church-affiliated non-profits who ran hospitals and healthcare facilities that offered their employees defined benefit pension plans established by the hospitals... More
- ADA Trial Verdict Is Not Good for Places of Public Accommodation Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the health care industry: “Nation’s First Website Accessibility ADA Trial Verdict Is In and It’s Not Good for Places of Public Accommodation.”
Following is an excerpt:
After years of ongoing and frequent developments on the website accessibility front, we now finally have – what is generally... More
- First Circuit Reverses NLRB: Rude Employee Is Not Immune from Termination Solely Because He Was Engaged in Protected Activity In Good Samaritan Medical Center v. National Labor Relations Board, the United States Court of Appeals for the First Circuit reversed the decision of the National Labor Relations Board (“NLRB”) requiring a hospital in Massachusetts to rehire an employee it had terminated for violating the hospital’s general civility policy when he challenged a union representative during her presentation about union membership. In reaching this decision, the First Circuit closely scrutinized the record and concluded that the NLRB overlooked substantial evidence revealing... More
- Federal Court Rules Gender Dysphoria May Be Disability Under ADA In a departure from the recently developing law, a federal court judge from the Eastern District of Pennsylvania ruled that the Americans with Disabilities Act (“ADA”) may cover gender dysphoria, and other conditions related to gender identity disorder – opening the door to expanding employment protections to some transgender individuals under the ADA.
In Blatt v. Cabela’s Retail, Inc., a transgender woman filed Title VII and ADA claims against her former employer claiming that she had suffered disability discrimination and retaliation... More