Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Tommy Eden”

Please vote for us for the ABA Web 100: Reason #4

Posted in ABA Blawg 100
Reason No. 4: We have an all-star team of co-bloggers. To wit (in alphabetical order): Ken Carlson, Cara Crotty, Louise Davies, Tommy Eden, LaLonnie Gray, Billy Hammel, Ellen Kearns, Damon Kitchen, Angelique Lyons, Bob Ortbals, Alyssa Peters, Kristine Sims, Sandra Sok, Jill Stricklin, Spring Taylor, Stephanie Underwood, Heidi Wilbur, and Jon Yarbrough. (Thanks, you guys!)… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Drug Testing, FOCUS, Labor Relations, Politics
The November-December edition of Constangy’s Executive Labor Summary is out! David Phippen has a good one (does he ever have any other kind?), including the current status of the U.S. Department of Labor’s overtime rule (sick) and the Persuader Rule (still a pulse, but death is imminent), Secretary Thomas Perez’s run for chair of the… Continue Reading

BREAKING: FMCSA announces national drug and alcohol testing clearinghouse for commercial truck, bus drivers

Posted in Drug Testing, Transportation Industry
As we expected here and here, the day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of commercial drivers’ licenses. The effective date of the Final Rule is January 6, 2017, but transportation employers… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

Enforcement date of OSHA rule delayed again — until December 1

Posted in Drug Testing, Retaliation, Safety, Workers' Compensation
The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new “Reasonable Reporting Procedure” rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the rule is December 1. The rule was scheduled to take effect on August 10, and then OSHA extended… Continue Reading

Final rule on FMCSA drug and alcohol clearinghouse will be out before end of October

Posted in Drug Testing, Transportation Industry
A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality. That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal Motor Carrier Safety Administration, who spoke this week at a conference of the Substance Abuse Program… Continue Reading

BREAKING: Transgender claim will go to jury

Posted in Discrimination, Gender Identity Discrimination
Last year, Tommy Eden had a post about a gender identity lawsuit in which an employer in Georgia actually won summary judgment. A reader alerted me last night that a panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the decision in part yesterday, finding that the Plaintiff’s mixed-motive claim should go to a jury. According… Continue Reading

Harassment “must-have” no. 5: No retaliation!

Posted in Harassment, Retaliation
We have reached the fifth and final of our five harassment “must-haves”: No retaliation. It should be easy to avoid retaliation, right? Because retaliatory conduct is intentional – you can’t “accidentally” retaliate against someone. You can’t “negligently” seek payback. To retaliate, you have to work at it. Of course, that would make life way too simple. Employers can negligently… Continue Reading

Hey – that EEOC wellness rule isn’t half bad

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Retaliation
NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. (Here is a nicer copy than the one that was available then.) Brian Magargle, who knows a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care… Continue Reading

Another employer pays for “Sorry, I can’t go”

Posted in Americans with Disabilities Act, Discrimination, Drug Testing, Transportation Industry
Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs. The candidate had end-stage renal disease. Now, Kmart has… Continue Reading

A few workplace-related things we can be thankful for

Posted in Safety
From a labor and employment law standpoint, I’m not sure we have a lot to be thankful for this year. But ’tis the season, so here are a paltry few: Be thankful that your employer doesn’t fire you while you’re on the air. Ben Finfer, co-host of a Chicago sports talk radio show learned that he… Continue Reading

Medical marijuana and the workplace — another lawsuit filed

Posted in Drug Testing
As of this week, we have a new challenge to an employer based on medical marijuana – this time, in Rhode Island. The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan, disclosed that she… Continue Reading

Wal-mart, EEOC reach accord in drug test “accommodation” lawsuit

Posted in Americans with Disabilities Act, Drug Testing, Transportation Industry
Laura Jones was offered a sales job at the Wal-Mart store in Cockeysville, Maryland, and was told that she would have to take a drug test. According to the U.S. Equal Employment Opportunity Commission, Ms. Jones told an assistant store manager that she had end stage renal cancer, which prevented her from taking a urine… Continue Reading

BREAKING: EEOC files first transgender suits against private employers

Posted in Gender Identity Discrimination
Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency’s first ever against private-sector employers. One is against a Michigan funeral home, and the other is against a medical clinic in Lakeland, Florida. Both cases appear to involve straightforward discrimination allegations: employees who presented as males… Continue Reading

Yes, employers, you can win a transgender discrimination suit

Posted in Discrimination, Gender Identity Discrimination
UPDATE (1/15/16): The U.S. Court of Appeals for the Eleventh Circuit reversed this decision yesterday, finding that Ms. Chavez’s “mixed-motive” claim can go to a jury. Here is a copy of the Eleventh Circuit decision. Thanks very much to Ms. Chavez’s attorney, Jillian Weiss, who alerted us. A recent decision from a federal court in Georgia… Continue Reading

Which drug-testing law applies? Who knows?

Posted in Drug Testing
This drug-testing case would make a great law school final exam. Shawn Olson of Minnesota was offered a job in West Virginia by Push, Inc., a company based in Wisconsin. Mr. Olson was asked to complete a pre-hire drug test, which was originally going to be performed in Push’s state of Wisconsin. However, for Mr.… Continue Reading

Transportation employers, can you survive the federal audit “tag team”?

Posted in Retaliation, Safety, Transportation Industry
David Smith of Constangy’s OSHA practice group is co-author of this post. The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation. And last week, OSHA ordered… Continue Reading