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As an employment attorney, I often field questions from individuals regarding what their employers can legally require, once being put on notice of an employee’s disability. Many individuals wonder if their employers are allowed to obtain copies of their medical...
The Family and Medical Leave Act (FMLA) is a federal law that permits employees to take job-protected, unpaid leave for certain family and medical reasons. According to the U.S. Department of Labor – Wage and Hour Division, to be eligible for FMLA leave, an employee...
The 2010 federal Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (“FLSA”), and mandates that employers of 50 or more to provide an unpaid break as well as a private area to express or pump the milk. It also prevents discrimination or...
The United States District Court for the Western District of New York recently underwent a three week racial discrimination and retaliation trial in the matter of Elijah Turley v. ISG Tackawanna, LLC, et al., and the jury returned a verdict of some $23.5 million...
On April 29, 2013, the Third Circuit Court of Appeals rendered a decision in Mariotti v. Mariotti Building Products, Inc. which concludes that a company can discriminate against its employees based on their religion, in certain circumstances. The plaintiff in the...
Although this conduct occurred on an egg farm, this is not a story about chickens. It is a story about pigs. National Food Corporation, a major supplier of eggs to the Pacific Northwestern and Midwestern United States and East Asia. It owned several isolated egg farms...
To help sort out the well-qualified job applicants from the not-so well-qualified applicants, many employers now require applicants to submit a list of employment references with their application materials. As the employment attorneys at Spitz, The Employee’s Law...
Although the lawsuit was only settled for $50,000, the Equal Employment Opportunity Commission (“EEOC”) made news this month when it brought and settled the ever lawsuit based on the Genetic Information Nondiscrimination Act (“GINA“). Signed into law on May 21, 2008...
There are many times that employees want to quit and think that they will have a legal claim against the employer when they do. But, our employment attorneys strongly recommend consulting an attorney before taking any action, especially since we offer free initial...
To prove a case of discrimination (race, gender, age, national origin, etc.) under Title VII of the Civil Rights Act of 1964 or Ohio’s R.C. § 4112.99, an employee must show an adverse employment action. The adverse action need not result in pecuniary loss, but must...