United States: When The Unauthorized Practice Of Medicine And FMLA Fitness-For-Duty Certification Forms Collide

Although it has been more than two decades since Congress enacted the federal Family and Medical Leave Act (FMLA), many U.S. employers continue to grapple with the intricacies of its requirements. A recent decision from the Third Circuit (the federal appeals court for New Jersey, Delaware, Pennsylvania and the Virgin Islands) illustrates how a decision that might appear to be common sense from a practical standpoint may nevertheless violate the FMLA.  In this case, […]

By | October 17th, 2014 ||

United States: Conservative Kansas Joins The Liberal Ninth Circuit In Rejecting The Independent Contractor Classification Of Delivery Drivers

Last month we blogged about two Ninth Circuit opinions that deemed FedEx Ground drivers to be employees rather than independent contractors under California and Oregon law.  Last week the Kansas Supreme Court joined them, applying Kansas law to reach the same conclusion in Craig v. FedEx Ground System, Inc. (Oct 3, 2014).

While the Ninth Circuit tends to lean pro-employee in its decisions, Kansas is decidedly more conservative.  The Kansas Court’s decision, therefore, may prove […]

By | October 17th, 2014 ||

United States: District Judge Allows Rail Union To Side Step Rule 23 With Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23.  In Brotherhood of Maintenance of Way Employees v. Ind. Harbor Belt R.R. Co., (Case No. 2:13-cv-00018, 2014 WL 4987972,October 7, 2014), Chief Judge Philip P. Simon, in ruling on a motion for reconsideration, again rejected the argument that outside the […]

By | October 17th, 2014 ||