Highlighted Posts

Posts from December 2012.

by Leila G. O’Carra

Any employer facing an age discrimination claim should review the bright-line rules and employer-friendly standards explained in the Sixth Circuit’s recent Opinion in Blizzard v. Marion Technical College, 698 F.3d 275 (6th Cir. 2012).  Defendant Marion Technical College (“MTC”) fired Peggy Blizzard for poor job ...

By Edwin S. Hopson

The U.S. Supreme Court has just issued a decision re-affirming the supremacy of the Federal Arbitration Act over state laws purporting to limit arbitration.  In Nitro-Lift Technologies v. Eddie Lee Howard, et al., 568 U.S. ____ (2012), the court reversed the Oklahoma Supreme Court that had taken the position that a state law ...

By Edwin S. Hopson

On December 16, 2012, the term of National Labor Relations Board Member Brian Hayes expired, leaving the five-member NLRB at three members: Chairman, Mark Pearce, and Members Sharon Block and Richard Griffin.  Block and Griffin are recess appointees.  Pearce is the only current member who has been confirmed by the Senate.  Hayes is ...

By Rachel K. Mulloy

On April 25, 2012, the United States Equal Employment Opportunity Commission (EEOC) issued Guidance regarding the use of criminal records in employment decisions under Title VII of the Civil Rights Act of 1964.  The Guidance discusses whether an employer’s use of criminal history violates Title VII, focusing specifically ...

By Emily C. Lamb

The end of the year is a time of joy and celebration as much of the American workforce observes one or more of the religious holidays.  Yet employers sometimes struggle as to how to celebrate these holidays while recognizing the diversity of religious beliefs.  As the holiday season rolls into full swing, it is particularly important ...

By Mitzi D. Wyrick

Effective November 2012, Kentucky has updated its Unemployment Insurance poster.  Previously, the poster stated that medical restrictions that result in reduced work hours were potentially eligible for benefits.  Now, Kentucky has removed this language from the Unemployment Insurance poster.  The poster now states only ...

By Edwin S. Hopson

The National Labor Relations Board has announced that its previously announced restructuring of several regional offices, as proposed in July 2012, and as modified in October, 2012, has taken effect on December 10, 2012.  The restructuring was published in the Federal Register on December 6, 2012.

The changes affect the status ...

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