About Us  |  About Cheetah®  |  Contact Us


Subscribe to the Employment Law Daily RSS Subscribe

Being ordered to take a functional capacity exam was not adverse job action for officer with back injury

April 3rd, 2019

By Nicole D. Prysby, J.D.
The court rejected the argument that a directive to undergo a fitness-for-duty exam was in itself an adverse employment action. The officer asserted that it was the exam that exacerbated his back injury and rendered him unable to perform the essential functions.
A police officer’s ADA discrimination and retaliation claims failed on [Read more...]

Walmart violated OSHA regs by failing to provide employees on injury response team with hepatitis B vaccinations

April 2nd, 2019

By Ronald Miller, J.D.
Substantial evidence supported an administrative law judge’s finding that Walmart failed to show that first aid offered by employees on an injury response team was rendered “generally at the location where the incident occurred,” where the great majority of first aid was administered in a first-aid room.
OSHA did not err in determining [Read more...]

Firing high-rated, newly diagnosed manager on word of troublemaker suggests ADA violation

April 2nd, 2019

By Lorene D. Park, J.D.

A dental office manager raised triable issues on whether her recent medical diagnosis was the real reason for her discharge because her performance was recently commended, her discharge didn’t follow progressive discipline, and others had not been fired for worse conduct.
Less than two months before she was fired, the employee [Read more...]

Proposed DOL joint employer rule includes 4-factor test: hiring and firing, supervision and control, payment, and recordkeeping

April 1st, 2019

By Joy P. Waltemath, J.D.
On April 1, the Department of Labor announced a proposed rule to “revise and clarify the responsibilities of employers and joint employers to employees in joint employer arrangements.”
Noting it has not meaningfully revised its joint employer regulation since 1958, the Labor Department has announced via press release a proposed rule to [Read more...]

Worker who won $1 Title VII suit may have been entitled to reinstatement

March 29th, 2019

By Lorene D. Park, J.D.
The normal discord between parties in a discrimination suit was not a proper basis to deny reinstatement, nor should a court have considered alleged misconduct by the employee when the jury found this to be a pretextual reason for her termination.
Though an employer claimed it fired an employee for taking non-work-related [Read more...]