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While the Americans with Disability Act (ADA) requires employers to reasonably accommodate a qualified individual with a disability, the ADA’s definition of disability excludes many common health conditions.  While the definition of disability was broadened by statute in 2008, the Fourth Circuit recently recognized that a disability did not exist under the old law where an employee could work 40 hours a week, but not overtime.  Thus an employer did not have to accommodate that…

On August 30, 2011, the National Labor Relations Board (“NLRB”) issued a rule mandating that all employers subject to the NLRA “post notices to employees, in conspicuous places, informing them of their NLRA rights, together with Board contact information and information containing basic enforcement procedures.”  In addition, the rule stated that “[f]ailure by [employers] to post the employee notice may be found to interfere with, restrain, or coerce employees in the exercise of the rights”

The Equal Access to Justice Act (EAJA) was designed to address the disparity of resources between the government and a private party to a lawsuit. Its mandatory fee provision requires the government to bear the litigation costs of a prevailing defendant, evening out the playing field between small businesses and the federal government. However, in EEOC v. Great Steaks, Inc., 2012 U.S. App.  LEXIS 1430 (4th Cir. 2012), the Fourth Circuit took away this provision for

The federal Genetic Information Nondiscrimination Act (“GINA”) makes it unlawful for an employer “to fail or refuse to hire, or to discharge, . . . or otherwise to discriminate against any employee . . . because of genetic information with respect to the employee.”  The law defines such genetic information as including the genetic tests of family members of an individual.  Does this mean that an employee automatically has a viable lawsuit if he is

Employment arbitration agreements that bar employees from filing class actions against their employers, and instead require cases to be brought separately, violate federal labor law, the National Labor Relations Board (“NLRB”) held this month.  The decision is D.R. Horton, Inc. and Michael Cuda. 357 NLRB No. 184. In that case, Michael Cuda worked for D.R. Horton, Inc., a new home builder, as a supervisor for ten months. Two years after resigning, he filed an unfair labor practice charge