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September 2014 L&E Update from Baker Donelson

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Kathlyn Perez, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update
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Click here to read the September 2014 Labor and Employment Update from Baker Donelson.  Articles this month include:

Sixth Circuit Reminds Employers of Notice Requirement Under the FMLA, by Courtney L. Stahl.  The Sixth Circuit Court recently upheld a ruling that FedEx interfered with a former employee’s rights under FMLA by failing to give her adequate notice of the consequences of not submitting her medical certification forms in a timely manner, and it reinstated the jury’s $173,000 back-pay award. Let this be a warning. More...

Don't Miss the Deadline to File EEO-1 Reports!, by Zachary BuseySeptember 30 is the deadline to file EEO-1 Report, formally known as the Employer Information Report EEO-1. The Reports are used to support civil rights enforcement and to analyze employment patterns. But specific rules apply as to who must file and how the reports are to be submitted. More... 

Following the Road to LGBT Equal Protection, by Nakimuli Davis.  A recent bill, Supreme Court decision and Executive Order are proving that achieving a balance of equal protection with sincerely held religious beliefs is not going to be easy. The Employment Non-Discrimination Act (ENDA), a bill that would for the first time impose a federal ban on workplace discrimination based on sexual orientation or gender identity, was approved by the Senate last November by a 64-32 vote. But the passage of ENDA may become even more difficult now that a number of LGBT advocacy organization's support for ENDA has shifted. More...

Immigration Corner, by Melanie C. Walker. This month: Chinese EB-5 applicants are beginning to form a line, PERM passwords, changing visa fees. More...

L&E Compass Blog
Our blog is filled with topics this month: Check out our posts on the EEOC's suit against a company for its wellness program; get the scoop on New York's decision to legalize medical marijuana; learn best practices on obesity as an ADA claim; and read about how the Fifth Circuit might be protecting franchisors from the NLRB – for now. Have a look!