Divided Sixth Circuit Panel Applies “Cat’s Paw” Theory to FMLA Retaliation Claim

A split panel of the Sixth Circuit Court of Appeals recently held that the “cat’s paw” theory of liability applies to FMLA retaliation claims. In prior opinions, the Sixth Circuit has assumed without deciding that the theory is available in FMLA retaliation cases. But Marshall v. The Rawlings Company, LLC now answers the question directly, and

Think Before You Remove: Waiver of Exhaustion Argument in Regulatory Takings

The Sixth Circuit issued an opinion late last week that should give a municipality pause before it removes a regulatory takings case to federal court. Siding with the Second and Fourth Circuits, the Court held that by removing a regulatory takings case to federal court, the municipality waived its right to argue that the plaintiff failed

To Do or Not to Do: Background Checks in Employee Selection

The Society for Human Resource Management and Society for Industrial and Organizational Psychology recently published a helpful white paper on the topic of using applicants’ criminal and credit history in employment decisionmaking. The white paper discusses not only the legality of background checks, but also what constitutes “best practice” in this area. You can find and download the white