Anne Yuengert

Anne Yuengert

Bradley Arant Boult Cummings LLP

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Latest Publications


You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

3/9/2017 - ADA Civil Rights Act Discrimination EEOC Employer Liability Issues Employment Discrimination Harassment National Origin National Origin Discrimination Native American Issues Title VII

Check Your Dress Codes and Decide If You Really Need One (Or Want to Enforce It)

Dress codes—a helpful workplace rule or a trap for the unwary? A recent Forbes article (High Heels and Workplace Dress Codes: Urgent Action Needed, Say U.K. MPs) relates the story of Nicola Thorp, who was sent home from her...more

2/9/2017 - Dress Codes EEOC Employee Handbooks Employment Discrimination Safety Equipment Uniforms

Why Not Ask About Prior Pay? It’s Against the Law in Some Places and Dangerous Everywhere

Setting a new employee’s pay based on what he or she made at a prior job is a fairly common practice—but now an illegal one in Philadelphia, PA. You heard right, Philadelphia has banned questions about salary history. This...more

1/26/2017 - Employer Liability Issues Employment Discrimination Equal Pay Act Hiring & Firing Job Applicants Local Ordinance Salary History Wage and Hour Wage History Wages

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate...more

10/27/2016 - ADA Disability Discrimination EEOC Essential Functions Hiring & Firing Job Applicants Reasonable Accommodation

Employers Hold Up on the Hand Out Policies: 11th Circuit Classifies Company Non-Solicitation Policy as Overbroad

You know that short non-solicitation policy in your handbook that says don’t handout stuff at work that doesn’t have to do with work that you think is clearly legal? Think again. A recent Eleventh Circuit decision agreed with...more

10/6/2016 - ALJ Collective Bargaining Corporate Counsel Mercedes-Benz NLRB Non-Solicitation Agreements Protected Concerted Activity Section 7 Unions

Taking a Bite Out of Crime…and Maybe the Employer? OSHA Fines Company Following Criminal Assault on Employee

The Occupational Safety and Health Administration (OSHA) recently reminded us that every employer needs a violence in the workplace policy or risk citation for third party criminal actions. The OSH Act’s general duty clause...more

9/7/2016 - Home Health Care OSHA Sexual Harassment Workplace Safety Workplace Violence

OSHA Penalties Are About to Get A Lot More Expensive

The Occupational Safety and Health Administration (OSHA) published an interim final rule on July 1, 2016, that increases the maximum penalties for citations by more than 75 percent. This is the first increase in OSHA...more

8/1/2016 - Civil Monetary Penalty Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Fines OSHA Workplace Safety

OSHA Penalties Are About to Get A Lot More Expensive

The Occupational Safety and Health Administration (OSHA) published an interim final rule on July 1, 2016, that increases the maximum penalties for citations by more than 75 percent. This is the first increase in OSHA...more

7/6/2016 - Civil Monetary Penalty DOL Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 OSHA

Bring on the Chain Mail: NLRB Strikes Down Another Facially Neutral Email Use Policy

A National Labor Relations Board (NLRB) judge has struck down Caesar’s Entertainment Corporation’s policy that prohibited employees’ using the company email system to distribute “nonbusiness” information. Why, you ask?...more

5/27/2016 - Collective Bargaining Corporate Counsel Email Employment Policies NLRA NLRB Protected Activity Section 7 Unions

DOL Issues Final Overtime Rule with Some Changes

The wait is over and the new overtime regulations are finally here. Although it will take some time to digest the more than 500 pages of the Final Rule, based on the DOL’s fact sheet, here is what you need to know...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

Check Your Solicitation Policies and How You Apply Them

Most employers prohibit solicitation in the workplace, often not allowing outsiders to come onto company property and prohibiting employees from soliciting their coworkers while they are working. The National Labor Relations...more

4/1/2016 - ALJ Dish Network Employer Liability Issues NLRB Solicitation Unfair Labor Practices

Dollar General’s Firing of Employee on Leave Did Not Violate the ADA or FMLA

A recent Eleventh Circuit case under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) approved Dollar General’s termination of an employee on leave. The timing of Dollar General’s decision...more

3/25/2016 - ADA Corporate Counsel Dollar General FMLA Hiring & Firing Risk Management Summary Judgment

DOL’s New Overtime Coverage is One Step Closer

For those of you wondering when the Department of Labor’s (DOL) new overtime salary basis thresholds will become effective, we are one step closer to an answer. This week the DOL submitted the rules to the Office of...more

3/18/2016 - DOL Final Rules OMB Wage and Hour White-Collar Exemptions

Witnesses — Tell The Truth or Risk Being Prosecuted for Perjury

In a kind of bizarre turn of events, a woman in Houston, who testified about her duties in an FLSA misclassification case, was convicted for perjury. That’s right—she has pled guilty for testifying under oath that she...more

3/4/2016 - Criminal Prosecution Depositions FBI FLSA Misclassification Perjury Witness

Birmingham Joins Seattle and San Francisco and Passes its Own Minimum Wage

Birmingham, Alabama is poised to join more than 15 cities across the country that have adopted a municipal minimum wage higher than the federal requirement. The federal minimum wage is currently $7.25 an hour but, unless the...more

2/12/2016 - Anti-Retaliation Provisions Minimum Wage New Legislation Wage and Hour

Can Your Non-Union Workers Strike? Yes, They Can.

If your employees don’t have a union and they stop working, can you discipline them? In a recent decision, an Administrative Law Judge for the National Labor Relations Board said not if it is a true strike and not just an...more

1/29/2016 - ALJ NLRA NLRB Unions Wal-Mart

Florida DEO Says Uber Drivers are Independent Contractors

For anyone following the employee versus independent contractor battles, Uber just scored in Florida. The Florida Department of Economic Opportunity (DEO) says Uber drivers are independent contractors and are not entitled to...more

12/10/2015 - Independent Contractors Misclassification Uber Unemployment Benefits Wage and Hour Written Agreements

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

11/4/2015 - ADA Adverse Employment Action Disability Disability Discrimination FedEx Hiring & Firing Jury Verdicts Medical Leave Popular Reasonable Accommodation Unpaid Leave

Avoiding Discrimination Claims After Obergefell

In June 2015, the Supreme Court of the United States issued its long-awaited opinion in Obergefell v. Hodges, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state (135 S....more

11/4/2015 - Adverse Employment Action Employee Benefits ERISA Gender Discrimination Obergefell v. Hodges Same-Sex Marriage SCOTUS Sexual Orientation Discrimination Title VII

Background Checks are Still Big Litigation Business—Just Ask BMW

Yet another reminder that everyone using criminal background checks in the hiring process needs to review their standards—BMW just entered a consent decree with the EEOC under which it will pay $1.6 million and offer to hire...more

9/25/2015 - BMW Criminal Background Checks Criminal Records Disparate Impact EEOC Employment Discrimination Title VII

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

8/13/2015 - ADA Disability Disability Discrimination EEOC Employee Transfers FMLA Interactive Process Reasonable Accommodation Undue Hardship

Make Sure Your Supervisors Know that Lactation Breaks Are Required by Law

Maybe once a year, I get a call from a client asking about what the law requires with regard to lactation breaks for nursing mothers. I tell them that § 207(r) of the Fair Labor Standards Act requires them to provide (A)...more

6/11/2015 - Best Management Practices Employer Liability Issues Popular Supervisors Training

Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For...more

5/22/2015 - ADA Best Management Practices Employer Liability Issues FMLA PDA Popular

The ‘interactive process’ for handling work restrictions during pregnancy

Our first segments in our six-part series on pregnancy in the workplace focused on how the ADA, FMLA and PDA apply in the workplace to employees before, during, and after pregnancy and child birth. In this segment, we narrow...more

5/6/2015 - ADA EEOC Employer Liability Issues Essential Functions FMLA New Guidance PDA Pregnancy Reasonable Accommodation

More Federal Agencies Expand EEO Protection to LGBT Employees and Private Litigants Continue to File Lawsuits Based on Gender...

In my supervisor training sessions, I used to note that Title VII prohibits discrimination based on sex, with a reminder that it applies to both sexes. In recent training sessions, however, I find that section now takes a...more

4/30/2015 - Department of Defense (DOD) Discrimination EEO Employer Liability Issues GAO Gender Identity LGBT NASA Title VII

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