Leave As a Reasonable Accommodation
December 27, 2012
The time has come for the minority of circuits to join the majority, and explicitly hold that non-indefinite unpaid leave is a reasonable accommodation under the ADAAA. As discussed in more detail below, cases prosecuted by women with difficult pregnancies would be particularly compelling impact cases to push the remaining circuits to explicitly accept non-indefinite leave as a reasonable accommodation.
CA Workplace Religious Freedom Act
December 27, 2012
Employers often are faced with tricky legal dilemmas when employees ask to display religious symbols and take time off for religious observance. The most common religious request by retail employees is time off for a religious holiday, followed by requests to be excused from a dress code. Recent developments in both legislation and case law suggest that employers should only deny a religious accommodation when it would cause a quantifiable undue burden.
Contracting Away a Controversy: Nike v. Already LLC
November 29, 2012
In a case that could have important ramifications for trademark owners, as well as owners of other intellectual property and infringing defendants, the U.S. Supreme Court on Nov. 7, 2012, heard oral argument in <i>Already LLC v. Nike, Inc.</i> The case revolves around under what circumstances a covenant not to sue can defeat jurisdiction.
Defining Income for Child Support Purposes
November 28, 2012
The use of guideline child support throughout the nation has made vital the threshold definition of income for support purposes. The odds are increasing that other states will have dealt with the issue.
A Useful Tool for Global Employers
November 27, 2012
For the benefit of global companies with operations in Germany, this article explores how "short-time work" can be introduced, and which rules must be observed in order to qualify for associated government grants.
Religious Discrimination Claim
November 27, 2012
In a recent decision, the Maryland District Court considered, and rejected, a claim of religious discrimination filed by a former social worker at Genesis Healthcare-Franklin Wood Center (Genesis).
How to Survive the Whistleblower Epidemic
November 27, 2012
Regardless of whether an employer is publicly traded or subject to the Dodd-Frank Act, the media attention on whistleblowing and the public awareness created by the statute has increased the whistleblower pressure in all employment settings.
