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Despite common ownership, funding, companies not “integrated” employer

August 29th, 2014

By Marjorie Johnson, J.D.
A group of employees were unable to advance Title VII and state law HWE and retaliation claims since their employer had less than 15 workers and was not an “integrated enterprise,” ruled the Eighth Circuit. Although another entity was owned and funded by their employer’s CEO and arguably performed some of its [Read more...]


Short-lived threat of permanent replacements didn’t make lockout unlawful

August 29th, 2014

By Ronald Miller, J.D.
The fact that an employer threatened to hire permanent replacements of union workers during a lockout, but then later retreated from that position, did not warrant holding the lockout unlawful and awarding back pay to employees, ruled the Tenth Circuit. The appeals court agreed with the NLRB that because the employer’s short-lived [Read more...]


Divided 5th Circuit focuses on sincerity of employee’s religious belief, not its religious nature

August 28th, 2014

By Lorene D. Park, J.D.
Reversing summary judgment for a county employer on the religious discrimination claim of an employee who was fired after she refused to work on a Sunday so she could attend the ground-breaking of a new church, a divided panel of the Fifth Circuit found that the employer and the lower court [Read more...]


Plant-wide testing for chemicals found in some prescription meds arguably a “medical exam”

August 28th, 2014

By Marjorie Johnson, J.D.
An employer who performed a plant-wide drug screening for substances found in illegal drugs and/or prescription medicines packaged with warnings about operating machinery, and discharged workers who tested positive due to their taking of prescription medication, arguably performed a “medical exam” under Sec. 102(d)(4)(A) of the ADA and therefore the issue should [Read more...]


Divided 8th Circuit predicts Minnesota would find no individual supervisor liability for wrongful discharge

August 27th, 2014

By Brandi O. Brown, J.D.
Finding that the Minnesota Supreme Court would hold that a supervisor cannot be individually liable for the tort of wrongful discharge, a divided panel of the Eighth Circuit reversed a jury verdict against an individually-named supervisor in a whistleblower suit by two employees. The employees alleged that they were fired by [Read more...]