Anne Yuengert

Anne Yuengert

Bradley Arant Boult Cummings LLP

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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

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

4/23/2015 - ADA Disability Benefits Employment Policies FMLA PDA Pregnancy Title VII

The EEOC and preferential treatment for pregnant employees

Examples of pregnancy-related impairments employers should consider and some common ADA accommodation requests Does the EEOC expect preferential treatment for pregnant employees? Originally published in Inside...more

4/8/2015 - ADA Disparate Treatment EEOC FMLA PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Inside the EEOC’s guidance on pregnancy discrimination

In July 2014, the EEOC issued “Enforcement Guidance: Pregnancy Discrimination and Related Issues,” as well as “Questions and Answers and a Fact Sheet for Small Businesses.” Although the guidance is not the law, it does...more

3/25/2015 - EEOC Enforcement Guidance PDA Popular Pregnancy Discrimination Small Business

Legal approaches to pregnancy in the workplace

The Obama Administration has made it clear that it wants to increase protections for pregnant employees. There is also significant discussion in the media about family-friendly workplaces. Against this backdrop, employers,...more

3/12/2015 - ADA Best Management Practices FMLA Obama Administration PDA Pregnancy

Video Interview: Discussing the Ramifications of Extending FMLA Rights to Same-Sex Couples

On Tuesday night, the Alabama Supreme Court ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples. Last month, a U.S. federal judge in Alabama ordered an Alabama official to issue marriage...more

3/9/2015 - DOL Employee Rights Final Rules FMLA Marriage Licenses Same-Sex Marriage

Are We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services Provider

The EEOC has filed a lawsuit (EEOC v. ValleyLife, Civil Action No. 2:15-cv-00340-GMS) under the Americans with Disabilities Act (ADA) against ValleyLife, a disability support services company in Arizona, claiming that...more

3/6/2015 - ADA Disability Discrimination EEOC Employer Liability Issues Enforcement Actions FMLA Hiring & Firing Reasonable Accommodation

Same-sex marriage in Alabama: What employers need to know

Alabama probate judges have begun issuing marriage licenses to same-sex couples following a recent ruling out of the Southern District of Alabama that struck down the state's ban on same-sex marriage. Employers should take...more

3/3/2015 - Employee Rights Marriage Licenses Same-Sex Marriage

If You Have Employees in Other States, Make Sure You Are Paying the Proper Minimum Wage

Minimum wage laws across the country are changing. Although the federal minimum wage for covered, nonexempt employees is $7.25 an hour (and has been since July 2009), 22 states increased their minimum wages for 2015. The new...more

1/13/2015 - Employer Liability Issues Employer Mandates Minimum Wage Wage and Hour

More Focus on Employer Background Checks

The focus on employment background checks is not going away. A few weeks ago I wrote about Dollar General’s $4 million dollar settlement of a class action lawsuit based on alleged violations of the Fair Credit Reporting Act...more

11/21/2014 - Background Checks Employer Liability Issues FCRA Grocery Stores Hiring & Firing Job Applicants Publix Retailers

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