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Featured Item
Labor, Employment, and Workers’ Compensation Seminar
Join our experienced labor, employment, and workers’ compensation attorneys for a full day of free interactive learning.
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Adventures in Workers’ Compensation takes the audience through a choose your own journey experience in processing a workers’ comp claim. Audience members will evaluate and decide on issues including: certification, independent medical examinations, substantial aggravation, compensation issues, court, and settlement.
The Employer
Joint Employer Standard Shifts Again
On September 13, 2018, the National Labor Relations Board (NLRB) published a proposed rule regarding its joint-employer standard. Under the proposed rule, an employer may be found to be a joint-employer of another employer’s employee only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment. The purpose of the proposed rule is to roll back the Browning-Ferris Industries decision which will be discussed below.
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Important Sixth Circuit Decisions
Hostettler
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In Hostettler v. College of Wooster, No. 17-3406 (6th Cir. 2018), the Sixth Circuit concluded that full-time presence in the workplace is not always an essential job function. Employers risk violating the American’s with Disability Act (ADA) if they fail to analyze the actual need for full-time work for a specific position.
Hostettler was four-months pregnant when she began as an HR Generalist at The College of Wooster.-
Current FMLA Forms Expire July 31
The Family and Medical Leave Act (FMLA) forms are set to expire July 31 under the Paperwork Reduction Act of 1995, which requires the Department of Labor (DOL) to submit its forms at least every three years to the Office of Management and Budget (OMB) to ensure processes aren’t too bureaucratic. The FMLA forms are used to certify that an employee is eligible to take FMLA leave and to notify him or her of leave rights under the law.
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U.S. Supreme Court Declares Class Action Arbitration Waivers Enforceable
In a 5-4 decision on May 21, the Supreme Court of the United States ruled that arbitration agreements providing for individualized proceeding are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”).
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In Epic v. Systems Corp. v. Lewis, 584 U.S. 
U.S. Supreme Court Holds Service Advisors are Exempt from the FLSA Overtime-Pay Requirement
Under the Fair Labor Standards Act (FLSA), employers must pay overtime to covered employees who work more than 40 hours in a week. The law, however, exempts many categories of employees, among whom are employees at car dealerships. Congress narrowed the exemption to cover sales and parts employees, and mechanics primarily engaged in selling or servicing automobiles and other vehicles. For years, the law was understood to exempt service advisors.
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