Polsinelli at Work |  Labor & Employment Blog

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ADEA Given Broader Reach than Title VII: Supreme Court Rules ADEA Covers Political Subdivisions with Less than 20 Employees

ADEA Given Broader Reach than Title VII: Supreme Court Rules ADEA Covers Political Subdivisions with Less than 20 Employees

By: Rachel Berry, Sara Robertson, and Elizabeth Gross

On Tuesday November 6, 2018, the U.S. Supreme Court unanimously ruled that the Age Discrimination in Employment Act (“ADEA”) applies to state and local government employers with fewer than 20 employees.  The Supreme Court’s decision, in Mount Lemmon Fire District v. Guido, affirmed the U.S. Ninth Circuit Court of Appeal’s ruling and resolved a Circuit Court split regarding the ADEA’s coverage of public employers.

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Employers: Consider  Pre-Employment Background Checks

Employers: Consider  Pre-Employment Background Checks

By: Sean R. Gallagher

Recently, a hospital was sued for negligent hiring after one of its surgical technicians exchanged a vial of saline solution for a vial of painkiller before a surgery was set to commence.  The surgical technician was caught and promptly fired, and turned over to law enforcement authorities.  However, a subsequent investigation revealed that the surgical technician had a history of drug diversion at his former jobs that had gone undiscovered, despite the fact that the hospital hired a background check company to perform a pre-hire check.  What can companies do to minimize the risk of hiring unqualified workers?  Below, we outline the reasons employers should consider adopting a pre-employment background check process.

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Navigating FMLA: May An Employee Be Entitled to Leave Beyond 12 Weeks?

Navigating FMLA: May An Employee Be Entitled to Leave Beyond 12 Weeks?

By: Thomas E. Reddin and Henry J. Thomas

In certain circumstances, an employee may begin a leave of absence prior to being eligible to take leave pursuant to the Family and Medical Leave Act (“FMLA”). What if, during the employee’s leave, she subsequently reaches her FMLA eligibility date?

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