On May 16, 2017, the 4th Circuit issued an opinion in Waag v. Sotera Def. Solutions, Inc., 2017 U.S. App. LEXIS 8587, providing further guidance regarding an employer’s responsibilities to return an employee to work following FMLA leave.
Mr. Waag brought the action against his former employer, Sotera Defense Solutions, Inc., a federal defense contractor, alleging a violation of the Family Medical Leave Act by not restoring him to his position when he returned from a medical leave; by placing him in a job that was not equivalent to the one he held before the leave; and by terminating him from the new job because he took medical leave. The District Court for the Eastern District of Virginia granted summary judgment to the employer. The 4th Circuit affirmed.
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For the past couple of years, the nonunion employment bar has watched as the National Labor Relations Board upended the law surrounding handbooks, waivers, arbitration agreements and a host of other aspects of the employment relationships. The Equal Employment Opportunity Commission, apparently not content to allow the NLRB to have all of the fun, has stepped up the use of its authority to attack separation and employment agreements.
In EEOC v. CVS Pharm., Inc., 809 F.3d 335 (7th Cir. 2015), the EEOC contended that CVS’ standard severance agreement constituted a pattern and practice of resistance to the full enjoyment of rights in violation of Section 707(a) of Title VII (42 U.S.C. § 2000e-6). The EEOC pointed to seven specific clauses it believed violated Title VII. EEOC v. CVS Pharm., Inc. Cmplt. ¶ 8.a.–f. (last visited Dec. 6, 2016). The EEOC contended the clauses each contained language that interfered with an employee’s right to file a charge with the EEOC or to participate in an EEOC investigation.
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I imagine that, if you are reading this blog, you have heard the big news: after 5 p.m. on the Tuesday before Thanksgiving, a federal judge in Texas issued an order granting a nationwide preliminary injunction that will prevent the DOL overtime regulations from going into effect today, Dec. 1, as everyone had planned.
According to the court, the plaintiffs had demonstrated a “likelihood of success on the merits” due to the fact that the DOL, in enacting the new overtime rule, had exceeded its authority through its significant increase of the salary threshold. The court took particular notice of the fact that an estimated 4.2 million workers currently ineligible for overtime would automatically become eligible, regardless of duties, due to the increased threshold. This, in the eyes of the court, would create “essentially a de facto salary-only test.” After analyzing the other requirements of a preliminary injunction, the court enjoined the DOL from “implementing and enforcing” the new overtime rule.