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IAML Insights

March 24, 2015

In the coming months, the Supreme Court of the United States will determine the level of judicial review, if any, that will be applied to employers’ pre-litigation negotiations with the U.S. Equal Employment Opportunity Commission (EEOC) in discrimination cases. In Mach Mining, L.L.C. v. Equal Employment Opportunity Commission, the Court...

March 24, 2015

Ferguson, Missouri remains in the news, with the arrest on Sunday of a suspect in the shooting of two police officers. The shooting came on the heels of a report released by the Department of Justice (“DOJ”) that concluded that the Ferguson Police Department routinely violated the civil rights of black residents. While many of us, thankfully, do...

March 23, 2015

Recently, the Maryland Court of Appeals took the position, albeit in dicta, that the state’s Wage Payment and Collection Law reflects a “strong” public policy of Maryland and urged Maryland courts to reject as unenforceable any future out-of-state forum selection provisions contained in employment agreements. While just one decision, employers...

March 23, 2015

Everybody knows that an activist National Labor Relations Board (NLRB) expects a lot of all employers nowadays, union and non-union. One of the areas under the greatest NLRB scrutiny are time-honored, well-worn policies that have existed in employee handbooks for years:  don’t disparage your employer; don’t say anything damaging about the...

March 23, 2015

An employee who is legally restricted from driving because of seizures is not “qualified” for a job that requires the employee to spend fifty percent of working hours on the road. In Minnihan v. Mediacom Communications Corp., No. 14-1109 (8th Cir. March 9, 2015), the employee wanted his employer to reallocate his driving responsibilities to other...

March 13, 2015

The Administrative Office of the US Courts just reported a 26.3% jump in Family Medical Leave Act (“FMLA”) lawsuits in 2014.  These numbers are a bit startling.  In 2012, there were 291 FMLA lawsuits. In 2013, there were 877 FMLA lawsuits. In 2014, there were 1108 FMLA lawsuits. It is not just the number of lawsuits. In my practice many...
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