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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


Chris Barrett

Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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No right to reinstatement under FMLA where no leave actually taken

Friday, 31 March 2017 14:36


This case arises out of the termination of a hospital employee after he requested leave pursuant to the Family Medical Leave Act (“FMLA”). The trial court, however, found no evidence that the hospital interfered with the technologist’s right to take FMLA leave or that he was terminated as a result of his request for FMLA leave. The appeals court agreed with the trial court’s decision.


Searches of logging devices installed on vehicles do not violate the Fourth Amendment

Tuesday, 21 February 2017 16:59




Implementation of New Federal Rules Halted

Monday, 28 November 2016 11:04


On November 22nd, U.S. District Court Judge Amos L. Mazzant issued a preliminary injunction at least temporarily halting implementation of new federal rules that would have expanded overtime pay to more than 4 million workers. More details to follow in the December issue of the Employment Law Comment.


Employers: New I-9 Form for New Hires

Monday, 28 November 2016 10:58


As of November 14, 2016, the U.S. Citizenship and Immigration Services issued a new Form I-9.  Use of this version will be required starting January 21, 2017.  Employers may begin using this form now for all new hires. 


Title VII claims failed due to failure to immediately report harassment

Monday, 28 November 2016 10:37


During his employment, an employee was teased by male co-workers about the employee’s alleged interest in a female coworker. The teasing was in the form of jokes, which the employee reported to his human resources department. An investigation was performed and it was ultimately determined that the jokes did not amount to sexual harassment but the employee was directed to report any further incidents of harassment to human resources “immediately.” The employee was reassigned to a new team and experienced additional harassment. First, he was poked in the buttocks, then he was slapped in the buttocks on two separate occasions and lastly, he was grabbed between his legs. All of these incidents were performed by the same male coworker over approximately a ten-day period. The employee told his coworker to stop but did not report any of those incidents until a few days after the last incident. 


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