Can I Get a Second Opinion on Worker's Readiness to Return from FMLA Leave?
(January 24, 2012)
Q: Can an employer send an employee who is returning from Family and Medical Leave Act (FMLA) leave to a company-appointed physician for a second opinion to verify that he is able to perform the essential functions of his job?
Supreme Court Unanimously Upholds Church Firing of Teacher/Minister
(January 13, 2012)
In a unanimous decision, the U.S. Supreme Court has upheld a church’s right under the First Amendment to fire an employee who was a minister despite federal antidiscrimination laws. The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, marks the first time the Supreme Court has recognized the First Amendment-based ministerial exception to antidiscrimination laws. Federal appeals courts had recognized the exception but not the high court — until now. The exception is rooted in the First Amendment’s protection of religious freedom and ensures that churches and other religious groups can choose their own ministers as they see fit.
NLRB Recess Appointments Draw Fire
(January 5, 2012)
President Barack Obama’s decision to use recess appointments to keep the National Labor Relations Board (NLRB) from losing its quorum has ignited a firestorm of opposition among lawmakers and business groups. Obama announced his intent on January 4 to use recess appointments to fill three open NLRB seats. The Board, which is supposed to have five members, had been operating with three since August because terms had ended for two previous members and the Senate hadn’t confirmed Obama’s nominations.
NLRB's Disputed Poster Rule Delayed Again
(January 3, 2012)
The National Labor Relations Board (NLRB) is again delaying implementation of its rule requiring most employers to display a poster explaining employee rights under the National Labor Relations Act. The delay comes at the request of the federal court in Washington, D.C., that is hearing a legal challenge regarding the rule. The new implementation date is April 30, 2012.
Supreme Court to Review Arizona's Divisive Immigration Law
(December 16, 2011)
The U.S. Supreme Court has decided to hear arguments in Arizona v. United States, the lawsuit concerning the constitutionality of the state's controversial immigration enforcement measure S.B. 1070. The bill originally was scheduled to become law in June 2010. However, shortly before it went into operation, the U.S. District Court for Arizona issued an injunction preventing four key parts of the measure from taking effect.
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