Archive for February 2019
May an Employer Terminate a Disabled Employee for Excessive Absenteeism?
The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019). Many employers are apprehensive about terminating the employment of disabled employees, even when…
Read MoreTips For Drafting Job Descriptions for Exempt Employees
Each year, droves of employers are hauled into court to defend lawsuits in which salaried-exempt employees claim that, because of their job duties, they should have been classified as non-exempt and paid overtime. While a written job description alone cannot defeat such a claim, it will nearly always be one of the primary exhibits in…
Read MoreEEOC Announces Extension of EEO-1 Opening, Filing Deadlines
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will extend the deadline for filing 2018 EEO-1 reports from March 31, 2019 to May 31, 2019. The survey, which usually opens in early January, will now open in early March of this year. This one-time extension was occasioned by the recent partial shutdown…
Read MoreCourt Orders Plaintiff in FMLA Lawsuit to Produce Private Social Media Content in Discovery
In many employment cases, the parties engage in a battle over content in the plaintiff’s private social media accounts. The recent decision from the U.S. District Court in Eastern District of Michigan in Robinson v. MGM Grand Detroit, LLC, Case No. 17-CV-13128 (E.D. MIch. 1/17/2019) illustrates well how an employer can demonstrate its right to…
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