Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “Eighth Circuit”

Extended medical leave not a “reasonable” accommodation under ADA, court says

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, HR
This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is… Continue Reading

Weekly catch-up

Posted in Constangy News, Corporate Culture, FOCUS, Wage-Hour, WARN
Hot dawg! Constangy, Brooks, Smith & Prophete has been named by Vault.com as the best law firm in the country for women lawyers and the best law firm in the country for minority lawyers. Heather Owen has the whole wonderful story at FOCUS, our women’s leadership blog. This latest honor comes on the heels of our having been named… Continue Reading

Is obesity a “per se” disability? One court says no.

Posted in Americans with Disabilities Act, Discrimination
A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was caused by some underlying physiological disorder. In addition, if the individual develops a medical condition… Continue Reading

No April foolin’ – third lawsuit challenging DOL Persuader Rule is filed

Posted in Labor Relations, Lawyers!
We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit. Here’s our… Continue Reading

Supreme Court to review CRST attorneys’ fee award against EEOC

Posted in Class actions, Discrimination, Harassment, Transportation Industry
The U.S. Supreme Court agreed last Friday to review a decision from the U.S. Court of Appeals for the Eighth Circuit, which vacated a multi-million attorneys’ fee award for trucking company CRST Van Expedited, Inc. The Equal Employment Opportunity Commission initially sued CRST on behalf of roughly 270 women who were allegedly sexually harassed in their… Continue Reading

Year-end employment law roundup — happy 2015!

Posted in Americans with Disabilities Act, Class actions, Discrimination, eLaw, Family and Medical Leave Act, Harassment, Labor Relations, Retaliation, Wage-Hour
NOTE: On January 15, this post was updated and one correction made (see “Nipped in the bud” and “Jury clobbers Catholic diocese,” below).  Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially… Continue Reading

Adopt an arbitration program that covers class, collective claims

Posted in Alternative Dispute Resolution, Class actions, Wage-Hour
Guest post by Tommy Eden, a partner in Constangy’s Opelika, Alabama, and West Point, Georgia, offices. In all the hoopla over the Supreme Court’s Hobby Lobby decision last week, it may have been lost that the Court refused to review a circuit court decision compelling arbitration in a collective action under the Fair Labor Standards Act.… Continue Reading

Employment and Labor Roundup: Defense of Marriage Act decision, drugs, NLRB update, and more!

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Labor Relations, Protected Concerted Activity, Social media
How will the Defense of Marriage Act decision affect spousal FMLA leave? Also recent decisions involving the ADA and GINA, doings at the NLRB, and innovations to get around drug laws and drug tests. We have it all!… Continue Reading