Latest Blog Posts

March 25, 2014 9:56 AM | Posted by Brian Peterson
HR managers are frequently asked to decide whether employee requests for unpaid time off qualify as leave protected by the Family Medical Leave Act (“FMLA”). The FMLA gives eligible employees a right to take up to twelve weeks of unpaid leave in order to care for their spouse, son, daughter or parent if that person has a serious health condition. See 29 U.S.C. § 2612(a)(1)(C) (2013) (emphasis added). Some courts have held that “caring for a family member with a serious health condition involves some level of participation in ongoing treatment of that condition.” See Marchisheck v. San Mateo County, 199 F.3d 1068,1076 (9th Cir.1999).
March 10, 2014 8:58 AM | Posted by Brian Peterson
Sometimes there are advantages to leaving things unsaid, or at least not permanently documented via social networking platforms such as Facebook, Twitter, Vine or Pinterest. This is especially true if your company or individual employees are named defendants in an employment lawsuit. For example, a plaintiff recently forfeited the right to collect an $80,000 settlement payment from his former employer because of his daughter’s errant Facebook post.
February 14, 2014 8:51 AM | Posted by Ron Fano
The Colorado Supreme Court has agreed to hear a case that will determine whether marijuana use, at least for medicinal purposes, is a lawful off-duty activity under Colorado’s statute that prohibits an employer from discharging an employee for engaging in any lawful activity off the premises of the employer during nonworking hours. The decision will directly impact whether employers in Colorado can have and implement zero tolerance drug policies that include marijuana within their scope.
February 4, 2014 10:10 AM | Posted by Brian Peterson

Unionized employers do not have to compensate employees for the time they spend putting on and taking off protective gear if the collective bargaining agreement states that time spent changing clothes is not compensable. However, time spent changing into and out of non-clothes is compensable even if the collective bargaining agreement states otherwise.

January 23, 2014 8:04 AM | Posted by Frank Neuner
Frank Neuner discusses best practices for implementing a legally enforceable arbitration program through the use of opt-out provisions.
January 17, 2014 2:56 PM | Posted by Megan Meadows
Megan Meadows analyzes a recent Seventh Circuit case holding that employers may not assert a "failure to conciliate" defense after they are sued by the EEOC.
January 13, 2014 4:46 PM | Posted by David Wing
David Wing offers his perspective on the oral arguments before the U.S. Supreme Court in the case of Noel Canning v. NLRB, involving the validity of President Obama's recess appointments to the National Labor Relations Board in January 2012.
January 7, 2014 11:26 AM | Posted by Admin

This post discusses a recent decision by the Missouri Court of Appeals allowing a prevailing employer to recover costs incurred in a case filed under the Missouri Human Rights Act after the plaintiff had rejected an offer of judgment. 
December 31, 2013 10:16 AM | Posted by Brian Peterson
Brian Peterson discusses a recent Seventh Circuit decision affirming summary judgment against a Chicago teacher who was suspended after voicing concerns about certain practices at her school.
December 5, 2013 9:00 AM | Posted by Casey Murray

Decisions of arbitrators are normally very difficult to get reversed on appeal.  That may be changing under new appellate rules adopted by the American Arbitration Association, discussed here by Casey Murray.