In 2008, the FMLA was amended to provide employees with family members serving in the Armed Forces, National Guard, and Reserves with FMLA leave for reasons related to their family members’ military service. In 2010, the FMLA was amended again, this time by the National Defense Authorization Act for FY […]
Labor & Employment Law Update
State-Specific Developments: January 2013
Iowa: The Iowa Supreme Court recently held that an Iowa dentist who fired his dental assistant because he viewed her as a threat to his marriage did not unlawfully discriminate against her based on her gender. After the dentist’s wife found out that the two had been texting each other […]
Dillard’s to Pay $2 Million to Settle Class Action Disability Discrimination Lawsuit by EEOC
Dillard’s Inc., a national retail chain, agreed to pay $2 million and commit to extensive, company-wide injunctive relief to settle a class action disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”). At issue was Dillard’s longstanding national policy and practice of requiring all employees to disclose […]
Nebraska Supreme Court Upholds Award of Workers’ Compensation Permanent Disability Benefits to Illegal Immigrant
This month, the Nebraska Supreme Court ruled that an illegal immigrant was protected by the Nebraska Workers’ Compensation Act and therefore entitled to recover permanent disability benefits despite his illegal work status. Moyera v. Quality Pork International, 2013 Neb. LEXIS 2 (2013). The plaintiff, Ricardo Moyera, moved to Nebraska from […]
Fourth Circuit Opinion Reaffirms Protections Afforded by Pregnancy Discrimination Act, but Raises Questions About Pregnancy and the ADAAA
On January 9, 2013, the Fourth Circuit Court of Appeals issued its decision in Young v. UPS in which it considered whether UPS’s “facially neutral” light duty policy violated the Pregnancy Discrimination Act (PDA). Despite arguments from Young and the ACLU (which submitted an amicus brief in support of Young) […]