Employment Law Blog

Can an Employer Require Medical Information About Pregnancy at Any Time?

Under an important federal law known as the Family and Medical Leave Act (FMLA), eligible employees are allowed to take medical leave from work without worrying about losing their jobs. This includes ...
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Manipulation of the Interview Process Could Be Discrimination

Discrimination claims associated with hiring and promotion are often very difficult to prove. If the only evidence you have of discrimination is the comparison of qualifications for a particular job, ...
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Pregnancy Discrimination Cases Have a New Standard

The United States Supreme Court very recently released its opinion on pregnancy discrimination claims in Young v. United Parcel Service. This ruling sets a new standard for proving pregnancy ...
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How Far Can an Employer Go to Prove an "Honest Belief"?

In response to most employment discrimination suits, employers are required to prove that the reason they took an action against an employee was not discriminatory. This is often shown by ...
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Understanding the Direct Threat Defense to ADA Claims

Most employers are aware of the prohibition against disability-based discrimination; however, in nearly all cases where an employer is suspected of discriminating against a disabled employee, they ...
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Filing EEOC Claims: Be Careful What You Agree To at Your Job

Surely you have heard the warning–"read the fine print." Don't dismiss this warning, especially in the context of your employment. While many employers do not create employment ...
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What Happens When an Employee Is Not Ready to Return to Work?

Employees who either suffer workplace injuries or who take FMLA leave are faced with a decision at some point. That is, they must choose whether or not they are ready to return to work. In many cases, ...
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The New Definition of Spouse Under the FMLA

The FMLA, or Family and Medical Leave Act, allows eligible employees of covered employers to take unpaid leave for specified family and medical reasons. The statute also protects those employees' ...
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Fire Chiefs Accused of Sex Discrimination Challenge Own Terminations

Fire Chiefs Accused of Sex Discrimination Challenge Own Terminations In an interesting turn of events, three former fire chiefs of the Monarch Fire Protection District in Missouri filed a lawsuit ...
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Out With the Old, In With the New

Out With the Old, In With the New As Charles Darwin said, "[i]t is not the strongest or the most intelligent who will survive but those who can best manage change." For employees in the more ...
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How Does Inclement Weather Affect Wage & Hour Laws?

How Does Inclement Weather Affect Wage & Hour Laws? Alabama residents may be used to tornados, but snow storms and icy conditions are a different story. Last year we barely survived ...
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Forced Arbitration of Employment Disputes

Forced Arbitration of Employment Disputes Most of us are familiar with the dreaded arbitration agreement, often included in purchase agreements and other consumer contracts. Essentially, the ...
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New Overtime Law for Home-Care Workers Struck Down

New Overtime Law for Home-Care Workers Struck Down Federal laws require employers to pay their employees overtime pay for all work performed that exceeds eight hours a day, or forty hours a week. ...
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Federal Whistleblower Statutes: An Overview

Federal Whistleblower Statutes: An Overview It is important to employment that whistleblower statutes are there to protect employees who choose to do the right thing, when their employers do not. ...
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Are Employer Wellness Programs Discriminatory

Are Employer Wellness Programs Discriminatory The goal of employer wellness programs is to encourage employees to become and remain healthier. Wellness programs are actually very popular. In fact, ...
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How to Know if You Are Eligible for FMLA Leave

How to Know if You Are Eligible for FMLA Leave A federal statute known as the FMLA, or the Family and Medical Leave Act, protects employees who need to take leave from work, either for their own ...
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Replacing an Employee While on FMLA Leave

Can you imagine suffering from a serious medical condition and, while you are out on FMLA leave receiving treatment, your employer replaces you? It happens more often than you may think. Under most ...
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McDonald's Faces Serious Claims of Race and Sex Discrimination

McDonald's is certainly no stranger to lawsuits. Usually, the claims involve personal injury of some type. Who can forget the million dollar cup of hot coffee? But recently, McDonald's found ...
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"I Didn't Know She Was Pregnant When I Cut Her Hours!"

Discrimination against an employee because she is pregnant violates federal law. Responding to this type of claim by saying you didn't know the employee was pregnant seems like a reasonable ...
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Alabama's Whistleblower Protections

Many people who become aware of the illegal conduct of another are compelled to report that conduct. However, the same may not be true when the person engaging in illegal conduct is an employer. In ...
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Employer Hit Hard for Unpaid Overtime

Working overtime is a good way to increase your income. Unless, of course, your employer doesn't pay you for that time. There are federal laws that protect an employee's right to be paid for ...
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Georgia Nurse Gets Jail Time for Workers' Comp Fraud

Workers' Compensation fraud can be committed by employers and employees. You may have an employee who exaggerates his injury in order to get more time off, or an employer who underreports its ...
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Alabama Employee Terminated for Symbol of Modesty

Employer-imposed restrictions on clothing worn by employees is not a novel idea. Appropriate dress is a very common requirement for nearly every job you can imagine. In most cases, professional, ...
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Racial Discrimination Is Still Alive in Alabama

In 2015, it may be hard to imagine that overt signs of race discrimination would still be commonplace, even in Alabama. But, the truth is, they are. On New Year's Eve, Terry Turner was celebrating ...
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FMLA Parental Leave Applies to Women AND Men

There are several federal laws that protect the sanctity of a new life, even in the context of employment matters. Protections have been created for pregnant employees and for employees suffering from ...
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