Employers Failure to Follow Its Military Leave Policy Violates USERRA and Results in Double Damages Award to Employee
The continuing military actions in Iraq and Afghanistan have brought issues relating to military leave and the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”) to the forefront. A recent case decided by the United States Court of Appeals for the Sixth Circuit (which ...
How to Benefit From a Shorter Statute of Limitations
For design professionals there are legal advantages to doing business in Michigan. One of them is that if a claim for professional negligence is made, Michigan law allows the professional to demand that the court allocate negligence among all responsible parties, whether or not the ...
Supreme Court Upholds Collective Bargaining Agreement
The U.S. Supreme Court recently held in 14 Penn Plaza LLC v. Pyett that a provision in a collective bargain agreement (“CBA”) that “clearly and unmistakably” requires union members to arbitrate claims under the federal Age Discrimination in Employment Act (“ADEA”) is enforceable. Prior to ...
Equal Employment Opportunity Commission Provides Guidance on Best Practices for Employees with Caregiving Responsibilities
On April 22, 2009, the Equal Employment Opportunity Commission (“EEOC”) issued a “Best Practices” document concerning employees with caregiving responsibilities, i.e., employees who have non-work responsibilities caring for children, elderly relatives or others. While acknowledging that “caregiver” is not a protected class under federal anti-discrimination ...
EEOC Issues Proposed Regulations for ADA Amendments Act of 2008
On January 1, 2009, the ADA Amendments Act of 2008 (“ADAAA”) became effective, which significantly broadened the scope of the Americans with Disabilities Act (“ADA”) to encompass individuals who previously would not have met the definition of “disability.” Recently, the Equal Employment Opportunity Commission (“EEOC”) ...