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Posts from May 2007.

In Rehrs v. IAMS Co., the Eighth Circuit issued an opinion in which it held that a rotating shift schedule was an essential function of a warehouse technician position at an IAMS plant operated by P&G. The plant operated on a 24 hour a day basis.

The plaintiff, who had Type 1 diabetes, had requested an accommodation in the form of allowing him to remain on the day shift permanently. This ...

On May 9, the NLRB issued a decision in a case against Sam’s Club where employees alleged that the retailer had interfered with the exercise of their Section 7 rights. The decision represented a partial win for the retailer.

During an organizing campaign by the United Food and Commercial Workers union, a Sam’s Club manager told employees that they could not discuss the campaign on the ...

On May 3, the Sixth Circuit issued an opinion affirming summary judgment in favor of Honda in an ADA case. At issue was whether Honda violated the ADA by failing to participate in good faith in the interactive process for determining whether a reasonable accommodation of an employee's disability was possible. The employee, Michael Kleiber, sustained a serious head injury following a ...

 Many family business owners work a lifetime to create a valuable business. Without proper planning, this life’s work can be lost through retirement, disability or death.

While taxes have taken the headlines and the blame for failures in family business succession, they are rarely the main culprit. Many issues can be corrected or at least tempered by avoiding three of the most common ...

On May 2, 2007, the Sixth Circuit Court of Appeals issued a decision clarifying the "hours worked" requirement for FMLA leave eligibility. At issue was whether a hospital that paid weekend nurses for more hours than they actually worked (as an incentive for weekend work) was required to count these extra hours when determining a nurse's eligibility for FMLA leave.

In an effort to recruit ...

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