September 2018 E-update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS Another Month, Another Release of NLRB Advice Memos – Independent Contractors, No-Recordings and Conflict of Interest Rules The National Labor Relations Board’s Office of the General Counsel (OGC) continues to issue Advice Memoranda, as it has done throughout 2018 […]

In a case involving a hotel and its management company, the U.S. Court of Appeals identified the proper test for determining if two entities are joint employers for purposes of Title VII liability. According to the U.S. Court of Appeals for the Seventh Circuit in Frey v. Hotel Coleman, the […]

Applicants who were denied jobs because of consumer reports that revealed drug-related convictions could sue because they did not receive copies of the reports, as required under the Fair Credit Reporting Act, but not because they did not receive the required “A Summary of Your Rights Under the Fair Credit […]

The U.S. Court of Appeals for the Fourth Circuit held that back pay is a mandatory legal remedy under the Age Discrimination in Employment Act, which is not subject to the court’s discretion. As the court noted in EEOC v. Baltimore County, Congress adopted the enforcement procedures and remedies of […]

An employee whose hours were reduced upon her return from leave could assert violations of the Family and Medical Leave Act by her employer, according to the U.S. Court of Appeals for the Eleventh Circuit. Upon returning from FMLA leave, an employee must be placed in the same or an […]

As we discussed in our August 2018 E-Update, the Fair Credit Report Act (FCRA) was revised to require new language be included in the mandatory notice, “A Summary of Your Rights Under the Fair Credit Reporting Act,” and the Consumer Financial Protection Bureau (CFPB) has now issued an interim final […]

The U.S. Court of Appeals for the Fifth Circuit affirmed the employer’s right to condition the grant of leave under the Family and Medical Leave Act on compliance with the employer’s “usual notice and procedural requirements.” In DeVoss v. Southwest Airlines Co., the employee had reported that she would be […]