The Iowa Supreme Court wrapped up its latest adjudicative term on June 28, 2019, having submitted 113 cases. More remarkable for the changes it witnessed than for its labor and employment decisions, the term began with the Court’s first new
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Iowa Supreme Court Reverses $4.5 Million Verdict in Age and Disability Case on Narrow Grounds, Passing Up the Opportunity to Decide Whether Emotional Distress Award was Excessive
In July 2017, a jury in Poweshiek County, Iowa returned a verdict against Grinnell Regional Medical Center (GRMC) for $4.5 million in an age and disability discrimination lawsuit. The Grinnell Regional case was one of a trio of million dollar…
Despite Most Headlines, U.S. Supreme Court Decision On Title VII Exhaustion Requirements Likely to Have Limited Application
Another excellent post from our colleague Brandon Underwood:
A good rule of thumb that trial and appellate lawyers learn early in their careers is that you generally forfeit arguments you don’t make. Suppose that a defendant takes a case…
Eighth Circuit Jurisdictional Ruling Offers a Lesson in Drafting Arbitration Agreements
My Fredrikson & Byron colleague Brandon Underwood is the author of today’s guest-post:
On May 31, 2019, in Webb v. Farmers of North America, Inc. (No. 17-3456), the Eighth Circuit dismissed an employer’s appeal challenging how the lower court had…
Eighth Circuit Rules No Retaliation Even Though Hospital Employee Terminated Close in Time to FMLA Usage
Sometimes employers become conditioned to believing that an employee who has recently used FMLA leave is effectively immune from discipline or discharge. It is no doubt true this employee presents a heightened litigation risk, but when the adverse action is…
Accommodating Stress: What is an Employer’s Obligation when the Work Environment Triggers an Employee’s Stress Related Disorder?
Stress [stres] (noun): a state of mental or emotional strain or tension resulting from adverse or very demanding circumstances.
Almost all types of work is stressful at least some of the time. Some jobs are inherently stressful. So, how does an…
New Jersey Court Rules Employee Fired for Using Medical Marijuana May Sue for Disability Discrimination; What Does this Mean for Iowa Employers?
Iowa employers should pay attention to a recent ruling from a New Jersey Appellate Court , Wild v. Carriage Funeral Holdings, Inc. 3/27/2019. The Wild opinion is the most recent case addressing the rights of employees who use medical…
Employee’s Bad Behavior May Be Legally Protected
Because so few employees are represented by a union (just over 6 percent of private sector employees in the U.S.) most employers don’t have to deal with the National Labor Relations Act (NLRA) on a regular basis, if…
What is the Department of Labor Trying to Accomplish with Its Recent Opinion Letter on FMLA Leave?
On March 14, the Department of Labor issued an opinion letter to answer the following two questions about FMLA leave: 1) may an employer delay designating leave as FMLA covered, even if the leave is for a FMLA qualifying reason,…
Will the DOL’s Renewed Effort to Increase the Minimum Salary for Exempt Employees Fare Any Better than the Last Time it Tried?
In a widely publicized move, the U.S. Department of Labor on March 7 proposed an update to the Fair Labor Standards Act (FLSA) regulations governing employees who are exempt from overtime. The most significant change in the proposal is to…