Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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What Should Employers Do About Overtime Now? Ask The Wage-Hour Lawyers.

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The...more

12/2/2016 - DOL Donald Trump Exempt-Employees FLSA Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

Breaking: OSHA Reasonable Reporting Procedure Rule Is NOT Enjoined!

Which means the rule will be enforced starting day after tomorrow, December 1. Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had...more

11/30/2016 - DOL Employer Liability Issues OSHA Reporting Requirements

Employers Can Breathe A Sigh Of Relief Come December 1: Court Strikes Down Overtime Rule

The new regulations that would have more than doubled the salary threshold for Administrative, Executive, and Professional exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act – due to...more

11/25/2016 - DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

BREAKING: Overtime Rule Has Been Enjoined!

Judge Amos Mazzant has issued a nationwide preliminary injunction blocking the U.S. Department of Labor’s overtime rule from taking effect as scheduled on December 1. I’m reading the decision now and will be back with details...more

11/23/2016 - DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

Employment And Labor Law Developments (And A Few Other Things) I’m Thankful For

This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S....more

11/23/2016 - DOL Donald Trump EEOC Fair Pay and Safe Workplaces Federal Contractors FLSA Labor Law Violations LGBT Persuader Rules Sexual Orientation Discrimination Wage and Hour White-Collar Exemptions

EEOC performance in FY 2016: Is the Agency “mellowing”?

Was the EEOC more laid-back this past fiscal year than it was in FY15? The U.S. Equal Employment Opportunity Commission issued its Fiscal Year 2016 Performance Report this week (here’s the press release, in case you...more

11/18/2016 - Discrimination EEOC Settlements

Everything’s happening in Texas!

Don’t mess with Texas. In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor’s Persuader Rule, which is great news for employers. The DOL can appeal to the U.S. Court of Appeals...more

11/18/2016 - DOL FLSA Persuader Rules Preliminary Injunctions Wage and Hour

Do Your Employee-Recruiting Practices Make You A White-Collar Criminal?

You need to hire some employees, and you want to pay them well, but not more than necessary. You place a call to a friend who works for one of your competitors and ask what her company is paying new hires in these positions....more

11/17/2016 - Antitrust Division Antitrust Violations DOJ FTC Hiring & Firing Human Resources Professionals No-Poaching Wage and Hour Wage-Fixing

Oh, Wait A Minute — Sexual Orientation Bias DOES Violate Title VII?

Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is...more

11/11/2016 - EEOC Employer Liability Issues Sex Discrimination Sexual Orientation Sexual Orientation Discrimination Title VII

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will...more

11/10/2016 - Donald Trump EEO-1 Fair Pay and Safe Workplaces Federal Contractors LGBT OFCCP Paid Leave Pay Transparency Section 503 Sex Discrimination Sick Leave TRICARE VEVRAA Wage and Hour

“It’s going to be beautiful, believe me”: Trump on labor & employment law issues

Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes...more

11/9/2016 - Donald Trump E-Verify FLSA Free Trade Agreements H-1B LGBT Maternity Leave NLRB Presidential Elections Trans-Pacific Partnership

Appearance code quiz for employers!

How much can you do – and not do – about your employees’ personal appearance and grooming? Take this quiz and find out! As usual, I’ll have the answers at the end, so if you get one wrong, no one but you will know....more

11/4/2016 - Appearance Policy Hiring & Firing Reasonable Accommodation Religious Discrimination

What is “voluntary”? Thoughts about the AARP wellness lawsuit against the EEOC

The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect. We have the two lawsuits against the...more

10/28/2016 - AARP ADA Affordable Care Act EEOC Employer Group Health Plans GINA Wellness Programs

Workplace Investigations And The Case Of The Planted Peanut Butter

I’m a week late with this follow-up. (Sorry.) - Two weeks ago, I posted about an employee (fictionally named “Zoey”) who had a peanut allergy. After she asked a peanut-butter-loving co-worker (“Addison”) to be...more

10/21/2016 - ADA Food Allergies Harassment Investigations

Disaster Unemployment Assistance available for 23 counties in NC

In the aftermath of Hurricane Matthew, 23 North Carolina counties have been approved to receive federal Disaster Unemployment Assistance. Gov. Pat McCrory has directed the state Department of Employment Security not to...more

10/18/2016 - Natural Disasters Unemployment

EEOC appeals loss in Detroit transgender case

As we knew it would, the Equal Employment Opportunity Commission has appealed the decision of Judge Sean Cox, who granted summary judgment to a Detroit-area funeral home chain in a transgender discrimination case....more

10/18/2016 - EEOC Gender Discrimination Gender Identity Transgender

A Boss’s Day letter from . . . The Boss.

DISCLAIMER: The Boss in this blog post is fictional. Any similarity to actual bosses, living or dead, is purely coincidental. No bosses were harmed in the writing of this post. Hey, Underling: - On this Monday,...more

10/18/2016 - Corporate Culture

Court sets aside Title VII sexual orientation decision, agrees to rehear

The full U.S. Court of Appeals for the Seventh Circuit has vacated Hively v. Ivy Tech Community College, which found that Title VII did not protect against sexual orientation discrimination. I wrote about the decision, issued...more

10/14/2016 - LGBT Sexual Orientation Sexual Orientation Discrimination Title VII

Heresy! Is “flexibility at work” overrated?

Or is it loved as much as ever, as long as it doesn’t cost employees money? Interesting questions are raised by a study conducted and recently published by Alexandre Mas, a Professor of Economics and Public Affairs at at...more

10/14/2016 - Flex-Time Policies Flexible Work Arrangements Telecommuting Wage and Hour

Restroom Use “Catch 22” For Transgender Individuals Violates Title VII, Court Says

Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was...more

10/11/2016 - Corporate Counsel EEOC Employee Restrooms Gender Identity Title VII Transgender

Peanut Passions, The ADA, And Co-Workers Who Take An Employee’s Allergy With A Grain Of Salt

Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake...more

10/7/2016 - ADA Disability Food Allergies Hiring & Firing Reasonable Accommodation

The “Onionhead” Case: Fringe Beliefs And Reverse Religious Discrimination By Employers

Onionhead is this incredibly pure, wise and adorable character who teaches us how to name it – claim it – tame it – aim it. He wants everyone to know how they feel and then know what to do with those feelings. He helps us...more

10/7/2016 - EEOC Reasonable Accommodation Religious Accommodation Religious Discrimination

EEOC Follows Through: Comp Data Will Be Required In EEO-1 Reports

The Equal Employment Opportunity Commission announced yesterday that it will require employers with 100 or more employees to include compensation data in their annual EEO-1 reports. Employers will be required to provide this...more

10/3/2016 - EEO-1 EEOC Federal Contractors FOIA OFCCP Pay Discrimination Reporting Requirements Title VII

FLSA Overtime Rule: With All These Efforts To Block It, Can Employers Relax?

Last week, two lawsuits were filed in federal court in Texas seeking to block the Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, which was issued in May. Meanwhile,...more

9/30/2016 - FLSA Over-Time Popular Standard Duties Test Wage and Hour White-Collar Exemptions

EEOC Small Business Resource Center: Two thumbs up!

I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great. Small businesses, which may be just...more

9/29/2016 - Discrimination EEOC Reasonable Accommodation Small Business

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