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Employer’s month-long delay in returning employee to work following FMLA leave was unlawful interference

December 6th, 2018

By Marjorie Johnson, J.D.
An employer undisputedly interfered with an employee’s FMLA rights by delaying his reinstatement after he provided a medical release, but triable issues existed as to whether its actions were retaliatory, a federal district court in Utah ruled in granting in part the employee’s partial motion for summary judgment. Though there may have [Read more...]

Steak ‘n Shake worker restricted to sedentary job can’t perform essential functions of fountain operator

December 5th, 2018

By Kathleen Kapusta, J.D.
Affirming summary judgment against the ADA claims of a Steak ‘n Shake fountain operator who had been restricted to clerical or sedentary work with no lifting as a result of a prior hip replacement surgery, and who was removed from the work schedule for a safety evaluation after falling twice and then [Read more...]

SCOTUS sends mandatory bar association dues case back to Eighth Circuit for consideration under Janus

December 5th, 2018

By Pamela Wolf, J.D.
The Supreme Court has granted certiorari, vacated the appeals court judgment, and returned to the Eighth Circuit a case that challenges the constitutionality of North Dakota’s mandatory bar association laws under the First Amendment. On December 3, the High Court returned the case with instructions for further consideration in light of its [Read more...]

Acquiring company’s offer of continued employment sufficient consideration to create valid arbitration agreement

December 5th, 2018

By Marjorie Johnson, J.D.
Two employees who were fired by a company months after it acquired their former employer were required to arbitrate their employment-related claims since they had signed enforceable mandatory arbitration agreements. In a pair of companion cases that had reached opposite results at the district court level on the company’s motion to dismiss [Read more...]

No disability claim for UPS sorter who had lifting restrictions removed, voluntarily ended interactive process

December 4th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against an ADA failure-to-accommodate claim by a UPS employee who sought damages for the interactive process period during which she was off work, the Sixth Circuit agreed with a lower court that UPS had no legal obligation to put her back in a position that violated her lifting [Read more...]