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Articles by Kayla A. McCann
Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases | JD Supra
On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal of a white former employee after determining that the alleged misconduct that led to his firing was similar to the alleged misconduct of a black employee, who was not fired.
Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases
On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal of a white former employee after determining that the alleged misconduct that led to his firing was similar to the alleged misconduct of a black employee, who was not fired.
Key Considerations for Employers When Workplace Issues Go Viral: Lessons Learned From the Try Guys Scandal | JD Supra
Just weeks ago, it was hard to open any social media application without seeing a post or news article concerning popular content creators The Try Guys. The internet stars have been trending since mid-September after online rumors began circulating that one of the group’s founders was having an extramarital affair with a subordinate employee.
Key Considerations for Employers When Workplace Issues Go Viral: Lessons Learned From the Try Guys Scandal
Just weeks ago, it was hard to open any social media application without seeing a post or news article concerning popular content creators The Try Guys. The internet stars have been trending since mid-September after online rumors began circulating that one of the group’s founders was having an extramarital affair with a subordinate employee.
Employee's Poor Performance Trumps FMLA Claim
United States: Employee's Poor Performance Trumps FMLA Claim 17 March 2022 by Keith E. Kopplin and Kayla McCann Ogletree, Deakins, Nash, Smoak & Stewart Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On March 9, 2022, the U.S. Court of Appeals for the Seventh Circuit issued an employer-friendly decision in Anderson v. Nations Lending Corporation.
Employee’s Poor Performance Trumps FMLA Claim | JD Supra
On March 9, 2022, the U.S. Court of Appeals for the Seventh Circuit issued an employer-friendly decision in Anderson v. Nations Lending Corporation. Despite some facially bad facts—including that the employee was discharged only four days after returning from leave under the Family and Medical Leave Act (FMLA) and subject to a supervisor’s comments about her being “sick a lot”—the court affirmed summary judgment in favor of the employer.
U.S. Department of Labor Issues New Guidance on Remote Work | JD Supra
The COVID-19 pandemic has led to a transformation of the workplace and an explosion of remote work, including for employees previously not covered under employers’ telecommuting policies. Despite the reopening of most state economies, many employers are continuing to allow their workforces to work remotely. Remote work by nonexempt employees can pose a challenge with regard to ensuring employees are paid for all time worked, as the traditional workday may be blurred in a remote environment.
U.S. Department Of Labor Issues New Guidance On Remote Work
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
U.S. Department of Labor Issues New Guidance on Remote Work
The COVID-19 pandemic has led to a transformation of the workplace and an explosion of remote work, including for employees previously not covered under employers’ telecommuting policies. Despite the reopening of most state economies, many employers are continuing to allow their workforces to work remotely. Remote work by nonexempt employees can pose a challenge with regard to ensuring employees are paid for all time worked, as the traditional workday may be blurred in a remote environment.
Wisconsin Governor Issues Safer At Home Order Effective March 25
To print this article, all you need is to be registered or login on Mondaq.com. On March 24, 2020, Wisconsin Governor Tony Evers issued "Emergency Order #12: Safer at Home Order" in response to the COVID-19 pandemic. The order, which requires Wisconsin residents to "stay at home or place of residence" except to engage in certain activities, is similar to those issued in several other states (including California, Delaware, Illinois, Indiana, Michigan, and Pennsylvania).
DOT Issues Guidance On Drug And Alcohol Testing Regulations Amid COVID-19 Pandemic
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Wisconsin Governor Announces Closures To Non-Essential Businesses
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
DOT Issues Guidance on Drug and Alcohol Testing Regulations Amid COVID-19 Pandemic | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Wisconsin Governor Issues Safer at Home Order Effective March 25 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOT Issues Guidance on Drug and Alcohol Testing Regulations Amid COVID-19 Pandemic
On March 23, 2020, the U.S. Department of Transportation (DOT) issued guidance to DOT-regulated employers, employees, and service agents regarding drug and alcohol testing concerns during the ongoing COVID-19 pandemic. In the guidance, the DOT explains its commitment to maintaining public safety while simultaneously providing flexibility to transportation industries operating during the national emergency.
Department Of Transportation Issues Notice On Use Of CBD Products By Safety-Sensitive Employees
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Department of Transportation Issues Notice on Use of CBD Products by Safety-Sensitive Employees | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
ADA Litigation Lessons Surfaced From a Zamboni Machine | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
ADA Litigation Lessons Surfaced From a Zamboni Machine | Lexology
Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances of insubordinate and adversarial behavior. In addition, he hurt himself on the job, filed a workers’ compensation claim, and presented medical restrictions. In his mind, he cannot believe that he was the problem.
#MeToo-Inspired Laws Legislation Hit the Midwest: Illinois Passes Anti-harassment, Pay Equity, and Board Diversity Legislation | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
#MeToo-Inspired Laws Hit the Midwest: Illinois Passes Anti-harassment, Pay Equity, and Board Diversity Legislation
Wednesday, June 12, 2019 After ending 2018 with a slew ofnew employment laws, Illinois continues to enact legislation impacting employers. Following the example set by California, Washington, and other states recently, the Illinois legislature passed four new bills targeting equity, transparency, and discrimination last week, and Governor J. B. Pritzker is expected to sign them into law.
When Can Employers Prorate Bonus Payments Around FMLA Leave?
Employers frequently wonder when to pay bonuses to employees on leave under the Family and Medical Leave Act (FMLA). Do employees who do not meet certain goals due to leave qualify for such bonuses?
FMLA Leave: When Can Employers Prorate Bonus Payments? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FMLA Leave: When Can Employers Prorate Bonus Payments?
May 14, 2019 CFTC Division of Enforcement Releases First Public Enforcement Manual by: Michael W. Brooks and Joshua Robichaud The Restatement of the Law, Consumer Contracts: What is it and Why... by: Barbara S. Mishkin Massachusetts Paid Family and Medical Leave Update: Template Notices... by: Mark H. Burak and Robert M. Shea Are P3s the Answer to U.S. Infrastructure Issues? by: Albert E. Dotson, Jr. and Eric Singer In a Battle of Conformity and Preemption, Arbitration Prevails by: Larry P.
Oklahoma Supreme Court Quashes Noneconomic Damages Cap for Personal Injury Claims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Oklahoma Supreme Court Quashes Noneconomic Damages Cap for Personal Injury Claims
Friday, May 3, 2019 A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits. In Beason v. I.E. Miller Services, Inc., the court held that the statutory damages cap was unconstitutional because it differentiated plaintiffs who sue to recover for bodily injury from those whose beneficiaries may sue for wrongful death caused by substantially similar mechanisms of injury.
NLRB Narrows the Scope of NLRA Section 7 Protection for Employee Complaints | Lexology
Background Alstate Maintenance provides ground services at John F. Kennedy International Airport. Employee Trevor Greenidge was employed as a skycap. Skycaps assist the arriving airline passengers with their luggage outside the terminal and generally accept tips, which constitute the largest part of their compensation. In July 2013, Greenidge was working with three other skycaps when a manager directed them to assist with a soccer team’s equipment.
NLRB Narrows the Scope of NLRA Section 7 Protection for Employee Complaints | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
No Snow Days for Wage and Hour Issues | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Wage & Hour Issues with Unexpected Events & Business Continuity
Tuesday, December 11, 2018 With winter on the way, it is a good time for employers to review the relevant wage and hour laws that can be triggered by inclement weather. Likewise, it is also a good time for employers to ensure their policies comply with these laws when weather causes a temporary workplace interruption.
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