Frantz Ward Labor and Employment Group

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The U.S. Supreme Court’s June 1, 2015 decision in EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. __ (2015), signals to employers that employment decisions based upon neutral policies may run afoul of Title VII, where the policy’s application limits an individual’s religious beliefs or practices. Such is the case even when the individual…

Last week, the United States Supreme Court issued a decision making it easier for pregnant employees to succeed on claims of discrimination based on an employer’s denial of workplace accommodations. In Young v. UPS, the Court held that a plaintiff’s claim of pregnancy discrimination may proceed to the jury by “providing sufficient evidence that…

On January 26, 2015, the U.S. Supreme Court published M&G Polymers USA, LLC v. Tackett, 574 U.S. ___ (2015); 2015 U.S. LEXIS 759 (Jan. 26, 2015), addressing a long-standing issue concerning retiree medical benefits that has plagued employers of unionized facilities for over thirty years. The M&G Polymers Court reviewed a case from the…

On December 15, 2014, the National Labor Relations Board (“Board”) published its Final Rule governing union elections. The new rule, which will become effective on April 14, 2015, ushers in significant changes to the manner in which the Board handles elections. The Board had attempted to make changes to union election rules in December 2011,…

Does your company provide email access to its employees? Are there restrictions on how and when email may be used? These issues are addressed in the National Labor Relations Board’s (NLRB) December 11, 2014 decision in Purple Communications, Inc., which affects both non-union and union employers. In Purple Communications, the NLRB reversed its…

On December 9, 2014, the United States Supreme Court in Integrity Staffing Solutions, Inc. v. Busk unanimously held that time spent going through mandatory security screening at the conclusion of one’s shift is not compensable time under the Fair Labor Stands Act (“FLSA”), even if the security screening takes as long as 25 minutes. Reversing…

Ebola Hemorrhagic Fever (also known as Ebola or EVD) has caused significant concerns for Ohio employers, particularly as the connections between our local workforce and Dallas healthcare worker April Vinson continue to come to light. Vinson, who has tested positive for the virus, reportedly traveled by air to Cleveland on October 10 and returned to…

On October 9th, the Equal Employment Opportunity Commission (“EEOC”) filed an amicus brief with the Seventh Circuit Court of Appeals in Chicago seeking reconsideration of the court’s decision to affirm the dismissal of a plaintiff’s sexual orientation discrimination/harassment claim under Title VII of the Civil Rights Act of 1964. The court had dismissed the plaintiff’s…