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Sixth Circuit: FMLA Does not Require Retroactive Designation of Absences as FMLA-Covered or Allowing Late Call-Ins or Tardiness

By Cary Schwimmer |

On March 19, 2019, in Njaim v. FCA US LLC, Case No. 18-3831, the Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, rejected an employee’s claim that his termination due to absences and tardies constituted unlawful interference with his right to take FMLA leave and retaliation for his exercise of that right,… Read More »

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U.S. Court of Appeals: An Employer Circulating or Acting on False Rumor that Female Employee Slept with Boss to Obtain Promotion Constitutes Sex Discrimination

By Cary Schwimmer |

Parker v. Reema Consulting Services, Inc., Case No. 18-106, decided by the Fourth Circuit U.S. Court of Appeals on February 8, 2019, involved a female Virginia warehouse employee, Parker, who was promoted six times from low-level clerk to ultimately becoming the facility’s assistant operating manager.  Parker’s federal district court lawsuit alleged that about two… Read More »

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Independent Contractors Agreement

Sixth Circuit: The Importance of Independent Contractor Agreements for Claiming Independent Contractor Status

By Cary Schwimmer |

Whether someone performing work for a company is an independent contractor rather than an employee has a significant impact on the business. For an employee, the company must withhold income tax, Social Security, and Medicare from wages paid, pay overtime, provide workers’ compensation coverage, and the individual must be covered under the employer’s employee… Read More »

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Sixth Circuit: ADA Does Not Require “On-The-Spot Accommodations” of the Employee’s Choosing

By Cary Schwimmer |

On November 30, 2018, the Sixth Circuit U.S. Court of Appeals held that an employer did not violate the Americans With Disabilities Act by sending an employee home while engaging in an interactive process with her regarding possible accommodations, rather than immediately placing her in a job within her doctor’s work restrictions.  In Brumley… Read More »

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Department of Labor – Ok to Freeze Attendance Points During FMLA Leave

By Cary Schwimmer |

Employers are by now very familiar with the federal Family and Medical Leave Act (FMLA) and its requirement of generally twelve weeks of unpaid leave for various personal and family health and other reasons.  Employers also well know that FMLA absences cannot be counted against an employee under the employer’s attendance policy.  A somewhat… Read More »

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Some Very Expensive Tennessee Orange Juice

By Cary Schwimmer |

Linda Atkins was a sales associate at a Knoxville, Tennessee area Dollar General who suffered from type II diabetes.  In the past, when Atkins experienced hypoglycemic episodes at work, she attempted to raise her blood sugar level by excusing herself to the break room to drink her own orange juice which she kept in… Read More »

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Sixth Circuit: Full-Time Employees with Disabilities May be Entitled to Work Part-Time as Long as They Can Complete their Job Duties

By Cary Schwimmer |

I have previously spoken and written about the Americans with Disabilities Act’s (ADA) requirement that employers consider additional leave as a reasonable accommodation for employees with disabilities who are not yet able to return to work and who do not have FMLA or other additional leave available.  On July 17, 2018, the U.S. Court… Read More »

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Tennessee Employer’s GPS on Employee’s Car Does Not Defeat Overtime Claim Where Employer Failed to Keep Accurate Time Records

By Cary Schwimmer |

On July 5, 2018, the Tennessee Court of Appeals issued an opinion carrying strong cautions for employers in Tennessee and across the country who do not keep accurate time records for employees who are entitled to overtime pay when they work more than 40 hours in a week.  The decision, entitled Snodgrass v. AHA… Read More »

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My Top Ten Employer Mistakes

By Cary Schwimmer |

  In advising employers or conducting legal training for employers, I find it useful to emphasize what I have found over the years to be the top ten things that get employers in trouble via a charge or lawsuit, or an unhappy workforce that may turn to a union for support, or simply not… Read More »

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Employer Gets “Cat’s Pawed” for $350,000

By Cary Schwimmer |

On March 28, 2018, the Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, upheld a jury’s $350,000 award under Title VII to a Michigan State Police sergeant who claimed she was retaliated against for making internal sexual harassment complaints.  The sergeant, who had made two sexual harassment complaints against her supervisor (both… Read More »

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