Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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Military Employment Rights: A Recap For The Memorial Day Weekend

In honor of Memorial Day weekend, here’s a summary of the rights of employees who take leaves of absence to serve our country, and their family members. USERRA - The Uniformed Services Employment and Reemployment...more

5/27/2016 - ADA FMLA Leave of Absence Reasonable Accommodation Uniformed Services Employment and Reemployment Rights Act (USSERA)

Threats, And Rumors Of Threats, Enough To Overturn Union Election, Court Says

Your kid plays a joke on you, and you respond, “I’m gonna kill you” while laughing at the joke. Idle threat, or serious? A co-worker tells you she will slash your tires if you vote against the union. Idle threat, or...more

5/26/2016 - Corporate Counsel NLRB Union Elections Unions Workplace Bullying

Too Many RULES, Man!

“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor...more

5/20/2016 - ADA Affordable Care Act DOL EEOC Electronic Filing Final Rules FLSA GINA HIPAA OSHA Wage and Hour Wellness Programs White-Collar Exemptions Workplace Injury

Is Sexual Harassment Training A Turn-Off For Men?

A semi-recent article in the New York Post — “The Corporate ‘Cure’ for Sexual Harassment Only Feeds the Disease” — cited a couple of studies that allegedly proved that sexual harassment training is worse than doing nothing...more

5/20/2016 - Employee Training Employer Liability Issues Harassment Sexual Harassment

Your Overtime Rule News Portal For Today

Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor’s new overtime rule this afternoon in an appearance at Jeni’s Splendid Ice Cream in Columbus, Ohio. I’ll post the rule,...more

5/18/2016 - DOL FLSA Over-Time Wage and Hour

Wellness Programs, and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act: The final chapter

On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more

5/18/2016 - ADA Affordable Care Act Corporate Counsel EEOC Employer Group Health Plans GINA HIPAA Popular Wellness Programs

EEOC issues final rules on wellness programs and ADA, GINA

The U.S. Equal Employment Opportunity Commission released today its final rules governing wellness programs and how wellness incentives mesh with the restrictions in the Americans with Disabilities Act and the Genetic...more

5/17/2016 - ADA EEOC Final Rules GINA Wellness Programs

Legal, Or Illegal? Employee Leaves Of Absence And The ADA

The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable,...more

5/13/2016 - ADA EEOC FMLA Leave of Absence Undue Hardship

Tit For Tat: Feds Sue North Carolina Over HB 2

Attached is a copy of the U.S. Department of Justice lawsuit filed yesterday afternoon against the State of North Carolina. The McCrory (North Carolina) v. USA lawsuit is pending in federal court in the Eastern District of...more

5/10/2016 - DOJ Employee Restrooms LGBT Title VII Transgender

BREAKING: North Carolina Sues USDOJ Over Bathroom Law

Law360 reported this morning that the State of North Carolina has filed suit against the U.S. Department of Justice in federal court in Raleigh. The suit seeks a declaratory judgment (official ruling from the court) that, by...more

5/10/2016 - Civil Rights Act DOJ Employee Restrooms Title VII

U.S. Department Of Justice Threatens NC Over HB 2

The U.S. Department of Justice sent a letter yesterday to Gov. Pat McCrory, giving him until Monday, May 9, to “confirm” that he does not plan to enforce the “bathroom” provisions of HB 2 as they apply to public agencies. If...more

5/5/2016 - DOJ EEOC Employee Restrooms LGBT Title VII Transgender

EEOC Posts Fact Sheets On LGBT Discrimination, Transgender Issues

The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding...more

5/4/2016 - Corporate Counsel EEOC LGBT Popular Sex Discrimination Title VII Transgender

Court Sheds Light On “Pregnancy Accommodation” Obligation After Young V. UPS

A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer. The Sheriff’s Department of Ulster...more

4/29/2016 - Corporate Counsel Employer Liability Issues Pregnancy Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Lego-Based Workplace Harassment Will NOT Be Tolerated.

You’ve heard of sex-based harassment, race-based harassment, and disability-based harassment. But have you ever heard of Lego-based harassment? Shawn Roy was terminated from his job because he was allegedly creating...more

4/28/2016 - Harassment Hiring & Firing Termination Unemployment

Employer Guide to Family and Medical Leave Act

The U.S. Department of Labor, Wage and Hour Division, has issued a new guide for employers on the Family and Medical Leave Act....more

4/27/2016 - DOL FMLA Wage and Hour

Vindicated, And It Feels So Good . . .

The Washington Post “Fact Checker” column gave Two Pinocchios last week to the “79-cent pay gap factoid.” That’s the factoid that says women make only 79 cents for every dollar that men make. Debunking that dubious statistic...more

4/22/2016 - Equal Pay Gender Equity Gender-Based Pay Discrimination Wage and Hour

North Carolina’s HB 2: The Final Analysis

This will be my last “analysis” post on the wrongful discharge provisions of North Carolina’s HB 2. (I know you are heartbroken!)- I’ll continue to post on breaking HB 2-related news as it develops. Several...more

4/22/2016 - Employee Restrooms LGBT OCR State and Local Government

Ugh. HR Consultant Hit For $1MM In Unpaid Overtime

No one is immune from wage-hour payouts. Not even a Human Resources consultant. California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267...more

4/22/2016 - DOL Exempt-Employees Unpaid Overtime Wage and Hour

This Just In: Gov. McCrory Signs Executive Order Backing Wrongful Discharge For “EEO” Discrimination

Thanks very much to the colleague who just sent me this. Gov. Pat McCrory (R) of North Carolina has signed Executive Order No. 93, which is somewhat of a backtrack on HB 2....more

4/13/2016 - EEO Executive Orders Governor Pat McCrory Wrongful Termination

More On HB 2 And Wrongful Discharge: My Response To Charlotte Magazine

For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article “The...more

4/11/2016 - EEOC Employee Restrooms Hiring & Firing LGBT Wrongful Termination

Ignore The Hype: Here’s What Employers Need To Know About North Carolina’s HB 2

Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more

4/8/2016 - Corporate Counsel EEOC Employee Restrooms Hiring & Firing LGBT Popular Statute of Limitations Wrongful Termination

Is Obesity A “Per Se” Disability? One Court Says No.

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was...more

4/8/2016 - ADA EEOC Hiring & Firing Obesity Weight Discrimination

No April Foolin’ – Third Lawsuit Challenging DOL Persuader Rule Is Filed

We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth...more

4/4/2016 - Collective Bargaining DOL Persuader Rules Unions

“Lighten Up, Baby,” And Other Harassment “Best Practices” For Employers

Many employers ask me: “Robin, what are your ‘best practices’ for workplace sexual harassment?” I’m glad you asked! No. 1: Be sure that your policy on sexual harassment is boring and legalistic. The entire legal...more

4/1/2016 - April Fool's Day EEOC Hostile Environment Sexual Harassment

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