- Posted by Joan M. Fletcher The Occupational Safety and Health Act requires employers to “make, keep and preserve” records of workplace injuries and illnesses as the Secretary of Labor prescribes by regulation (29 U.S.C. § 658(c)). The pertinent regulations provide that employers must prepare an incident report and a separate injury log “within seven (7) [...]
Archive for the ‘Iowa Law’ Category
Federal Court Sides with Employer on OSHA Statute of Limitations Issue
Posted in Congress, Court of Appeals, Department of Labor, Documentation, Employment Litigation, Iowa Law, OSHA, tagged IOSHA, Iowa employers, Iowa Occupational Safety and Health Act, Occupational Safety and Health Act, OSHA, OSHA recordkeeping, statute of limitations, workplace injuries and illnesses on April 17, 2012 |
Eleventh Circuit Holds Pre-eligible Request for Post-eligible FMLA Leave Is Protected Activity
Posted in Attendance Issues, Case Law, Court of Appeals, Discipline, Discrimination, Employment Litigation, FMLA, Iowa Law, Retaliation, Termination, tagged Eleventh Circuit Court of Appeals, exceed FMLA notice requirement, Family Medical and Leave Act, FMLA, Iowa employment laws, Iowa Law, Iowa law prohibiting termination of employment because of pregnancy, Iowa law regarding leave of absence for pregnancy, Iowa law regarding right to maternity leave, Pereda v. Brookdale Senior Living Communities Inc., post-eligible FMLA leave, pre-eligible request for FMLA leave, pregnancy discrimination claims, protected activity, Retaliation, termination on February 7, 2012 |
- Posted by Sara R. Laughlin The Eleventh Circuit Court of Appeals recently held that an employee’s pre-eligible request for post-eligible FMLA leave is protected activity under the FMLA. Pereda v. Brookdale Senior Living Communities, Inc., No. 10-14723 (11th Cir. Jan. 10, 2012). Plaintiff Pereda was hired on October 5, 2008. In June 2009, she advised [...]
Seven Year Non-Compete Not Unreasonable Says Iowa Court of Appeals
Posted in Case Law, Employment Contracts, Employment Litigation, Iowa Courts, Iowa Law, Non-competes, tagged covenants not to compete, enforce non-compete under Iowa law, enforceable non-compete, non-compete agreement between owners, Non-compete agreements, Sutton v Iowa Trenchless, three-pronged test for Iowa non-competes on November 30, 2011 |
- Posted by Janet Phipps Burkhead On November 23, 2011, the Iowa Court of Appeals reversed the Iowa District Court for Guthrie County and upheld a seven-year, 350-mile radius covenant not to compete. In Sutton v. Iowa Trenchless, L.C., No. 10582 / 10-2114, the main issue on appeal was the standard under which a non-compete agreement [...]
A Caution to Expanding Companies Using Criminal Background Information in Employment Decisions
Posted in Civil Rights, Discrimination, EEOC, Hiring, Iowa Law, tagged criminal background checks used in employment decisions, criminal background information used in hiring, states that restrict use of criminal background checks on November 8, 2011 |
- Posted by Sara R. Laughlin It should be standard (and prudent) practice for a company expanding into a new state to double-check that state’s laws, including the categories of protected classes in anti-discrimination laws. Don’t forget to check state laws regarding the use of criminal background information in employment decisions. Many states restrict the gathering [...]
Thou Shalt Not – When Can Religion Be Considered in Employment?
Posted in Civil Rights, Discrimination, EEOC, Hiring, Iowa Civil Rights Commission, Iowa Law, tagged bona fide religious purpose, employment preference based on religion, Federal Civil Rights Act of 1964 Title VII, Happy Time Daycare and Preschool Des Moines, Iowa Civil Rights Act Section 216.12(1)(a), off-duty employee behavior, religion as basis for employment, religion protected class, religious institution employment qualifications on August 26, 2011 |
- Posted by Ann Holden Kendell If an employer has strong religious beliefs, can those beliefs be imposed on employees? Your shop and your rules, right? Not so. Religion is a protected class under Iowa and federal employment laws and cannot be used as a basis for forming employment decisions unless the employer is a [...]
Employer Liability for Off-Duty Tortious Conduct
Posted in Civil Rights, Employer Policies, Employment Litigation, Harassment, Hiring, Iowa Law, tagged doctrine of respondeat superior, duty to exercise control, employer liability for off-duty conduct, Iowa Civil Rights Act, Timonshenko v. Airport Auto Group Inc. on August 15, 2011 |
- Posted by Russell L. Samson The August 5, 2011 decision of a Richmond County New York state court judge ruling on a motion for summary judgment in Timoshenko v. Airport Auto Group, Inc., 101670/2009, NYLJ 1202510786572, at *1 (Sup. RI, Decided August 5, 2011) has a tragic foundation, and provides some critical reminders for employers. [...]
Greater Liability Proposed for Iowa Employers Under Iowa Senate File 311
Posted in Compensation/Wages, Iowa Law, Retaliation, Wages/Compensation, tagged deductions from employees' wages, Iowa Code Section 91A, Iowa Code section 91A.15, Iowa Senate Committee on Labor and Business Relations, Iowa Senate File 311, Iowa Wage Payment Collection Law, retaliation by employer, unpaid wages violations, wages determined on a task/piece/mile/load basis on March 2, 2011 |
- Posted by Bridget R. Penick On February 24, 2011, Iowa Senate File 311 was introduced by the Committee on Labor and Business Relations. The bill proposes several amendments to Iowa Code 91A, the Iowa Wage Payment Collection Law, including: Iowa employers would have the burden to establish that any deduction from an employee’s wages is lawful. Because [...]
Green Bay Packers-Themed Tie Leads to Firing
Posted in At Will Employment, Civil Rights, Discipline, Discrimination, Employment Contracts, FMLA, Handbooks/Manuals, Iowa Courts, Iowa Law, Manuals/Handbooks, OSHA, Retaliation, Termination, Unemployment, Unions, Workers' Compensation, tagged adverse impact, contractual employee handbooks, contractual employee manuals, employment contract, fired for wearing Green Bay Packers tie, Iowa employment law, Iowa's at will employment doctrine, may not fire employee for reason that violates public policy on January 28, 2011 |
- Posted by Ted W. Craig and Russell L. Samson Enjoy the NFL conference championship games last weekend? One used car salesman from Oak Lawn, Illinois, a suburb of Chicago, lost his job because of the Bears vs. Packers game. What does this have to do with employment law in the state of Iowa? It [...]
Court Rules Iowa Employer’s Non-Compete Agreement Is Too Restrictive
Posted in Case Law, Confidentiality, Employment Contracts, Hiring, Iowa Courts, Iowa Law, Non-competes, Trade Secrets, tagged covenants not to compete, enforce non-compete under Iowa law, enforceable non-compete, Iowa non-compete time restrictions, non-compete agreement too restrictive, Non-compete agreements, non-compete restrictive of employee's rights, partial enforcement doctrine, reasonable time and geographic restrictions on non-compete, Sutton v Iowa Trenchless, trade secrets on January 25, 2011 |
- Posted by Janet Phipps Burkhead Non-compete agreements, or covenants not to compete, are often used to protect a business from competition from a former employee going to work for a competitor or starting his or her own business. They are generally used for employees who will have access to important business information, such as [...]
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