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Eleventh Circuit Says PDA May Require Accommodation of Breastfeeding Needs

For years, federal courts have held that pregnancy and sex discrimination laws do not require employers to affirmatively accommodate breastfeeding by employees. However, a recent line of cases has blurred this conclusion,...more

Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur...more

European Court Says Employers Cannot Monitor Employees' Personal Email Sent on Company Servers

The European Union has taken a substantially different approach than the United States to employee online privacy rights. Upcoming ePrivacy regulations promise to limit employers’ ability to monitor employee electronic...more

NLRB Upholds Rule Prohibiting Disclosure of Confidential Customer Information

Under federal labor law, employees involved in a labor dispute with their employer have the right to seek assistance from the company’s customers. On August 14, the National Labor Relations Board (NLRB) rejected a claim from...more

Federal Court Again Says Telecommuting Not Acceptable Substitute for Being at Work

Employers continue to face disability discrimination claims from employees who argue that their medical conditions give them a right to work from home as a reasonable accommodation under the Americans with Disabilities Act...more

Denial of Lateral Transfer Adverse Employment Action Under Title VII

Not every action that an employee views as negative can serve as the basis for a claim of discrimination under Title VII of the Civil Rights Act of 1964. In order to state a claim for relief, federal courts have held that the...more

Eighth Circuit Says Racist Comment Not Justification for Terminating Striking Worker

Under most employers’ anti-discrimination and harassment policies, an employee who makes overt racist comments toward a co-worker would likely face termination. In addition to the moral and ethical purposes behind such...more

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

North Carolina Governor Signs Law Creating Division to Investigate and Prosecute Employee Misclassification Claims

In 2015, a Raleigh newspaper ran a series of investigative articles focused on construction industry members that classified a large portion of their workers as independent contractors instead of employees. The articles...more

Ninth Circuit Says Mortgage Underwriters are Production Workers Not Eligible for Overtime Exemption

The financial services industry has been a prime target for class and collective action claims for overtime under the Fair Labor Standards Act (FLSA) and related state laws. For decades, banks and related institutions...more

Fifth Circuit Finds Telecommuting Not Reasonable for Accommodation for Litigation Attorney

Contrary to the Equal Employment Opportunity Commission’s (EEOC) position discussed in last week’s EmployNews, federal courts continue to allow employers to require employees to actually come to work. Last month, the Fifth...more

DOL Halts Enforcement of Tip Pooling Rules

In 2011, the Obama Department of Labor (DOL) adopted a rule stating that service industry employers could not implement tip pooling rules, even if they did not claim the tip credit for minimum wage compliance purposes. Tip...more

Workplace Odors Can Provide Basis for Telecommuting Arrangement

As technology makes it more possible for employees to work from remote locations, employers are increasingly faced with requests from employees to work from home. When these requests are based on medical reasons, the employer...more

Massachusetts Supreme Court Finds Medical Marijuana Users Protected from Adverse Employment Action

Beginning when the first states legalized use of marijuana for medical or recreational purposes, employers began speculating whether legislatures and courts in those states would continue to permit employers to exclude...more

NLRB Affirms Employer's Right to Terminate Employees Who Disparaged Company's Food Safety Practices

Over the past several years, we have reported on a seemingly never-ending series of National Labor Relations Board (NLRB) decisions proclaiming a variety of abusive employee practices as protected behavior under federal labor...more

Eleventh Circuit Decision May Prompt Supreme Court to Determine Coverage of Sexual Orientation Bias Under Title VII

On July 6, the full Eleventh Circuit Court of Appeals declined to hear the appeal of a case dismissing a sexual orientation bias claim under Title VII for lack of jurisdiction. This decision creates a split among the federal...more

OSHA Proposes Delay for New Injury Reporting Requirements

Late last month, the Federal Occupational Safety and Health Administration (OSHA) announced a proposed delay for implementation of its new injury and illness reporting requirements until December 1. The rule originally was...more

President Trump Loosens DOL Apprenticeship Qualifications

On June 15, President Trump signed an Executive Order streamlining the design and approval for apprenticeship programs funded by the Department of Labor (DOL). The Order is intended to entice more employers to begin...more

North Carolina Appellate Court Refuses to Lift Preliminary Injunction in Non-Solicitation Case Before Trial

When an employer believes that a former employee has violated post-employment restrictive covenants, it often seeks injunctive relief intended to prevent harm to its business pending a final determination on the merits of the...more

Ninth Circuit Finds Small Government Subdivisions Subject to ADEA

The Age Discrimination in Employment Act (ADEA) only applies to employers with 20 or more employees. For years, small local governmental units have understood that they are exempt from ADEA jurisdiction based on the actual...more

6/26/2017  /  ADEA , Appeals , Jurisdiction , Public Employees

Fourth Circuit Affirms "Mark of the Beast" Religious Discrimination Verdict

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) affirmed a $600,000 jury verdict in favor of a West Virginia coal miner who refused to use a new biometric hand scanner installed by his...more

Second Circuit Upholds NLRB Ban on No Recording Policy

Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more

Seventh Circuit Title IX Ruling May Impact Transgender Employee Protections

The battles over transgender persons’ civil rights continue nationwide, especially when the controversy involves restroom access. Last week, the Seventh Circuit Court of Appeals concluded that a Wisconsin school district...more

Fourth Circuit Says FMLA Allows Reinstatement to Equivalent Position Even If Original Job Remains

Employees taking leave under the Family and Medical Leave Act (FMLA) are entitled to be reinstated to their previous job or to an equivalent position. The equivalent position must be the substantially the same in terms of...more

EEOC Charge Does Not Need to Specify Quid Pro Quo Sexual Harassment

For years, the Equal Employment Opportunity Commission (EEOC) divided sexual harassment claims into two distinct categories. Hostile environment harassment related to creation of an offensive work environment based on sexual...more

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