Constangy, Brooks, Smith & Prophete, LLP

Proposed Overtime Rule Would More Than Double Salary Threshold For Exempt Employees, With Automatic Yearly Increases

On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee…more
| Labor & Employment Law

EEOC’s Revised Pregnancy Guidance: Now, Just Barely More Flexible!

Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme Court decision in Young v. UPS, issued in March 2015. The EEOC’s…more
| Civil Rights, Labor & Employment Law

What Does SCOTUS Same-Sex Marriage Decision Mean For Employers?

Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Family Law

Executive Labor Summary - June / July 2015

What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief Justice…more
| Administrative Law, Labor & Employment Law, Health, Insurance, Taxation

Employers, You’ll Never Pooh-Pooh The GINA Again.

On Monday, a federal jury in Atlanta awarded two hourly warehouse workers $2.2 million in a lawsuit brought under the Genetic Information Nondiscrimination Act. The controversy started when Atlas Logistics Group Retail…more
| Civil Remedies, Civil Rights, Labor & Employment Law, Privacy

BREAKING: Same-Sex Marriage Is The Law Of The Land, SCOTUS Says

The decision in Obergefell v. Hodges, hot off the press, is 103 pages long, but here it is. Some instant analysis: *The due process and Equal Protection clauses of the 14th Amendment to the U.S. Constitution compel states…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Family Law

Thanks a LOT, Mr. President!

As you know, I strongly disapprove of use of the “N” word in the workplace. I don’t think African-Americans should say it, and I really, really don’t think people who aren’t African-American should use it…more
| Civil Rights, Labor & Employment Law

Massachusetts Attorney General Issues Final Earned Sick Time Regulations

Massachusetts Attorney General Maura Healey has issued the final regulations to the Earned Sick Time Law, M.G.L. c. 149, § 148C, which will become effective on July 1, 2015…more
| Labor & Employment Law

Harassment “Must-Have” No. 5: No Retaliation!

It should be easy to avoid retaliation, right? Because retaliatory conduct is intentional – you can’t “accidentally” retaliate against someone. You can’t “negligently” seek payback…more
| Civil Rights, Labor & Employment Law

Colorado Supreme Court Beats the Reefer

In a closely watched case involving legal protections for medical marijuana users, the Colorado Supreme Court decided yesterday that the state’s “lawful products” statute does not apply to activities that violate federal law…more
| Conflict of Laws, Labor & Employment Law

Harassment “Must-Have” no. 4: The Determination

It’s the moment of truth! (Dum-dum-DUM!) Two weeks ago, we talked about harassment “must-haves” 1 and 2: a good, plain-language policy, and training. Last week, we talked about “must-have” 3: the investigation…more
| Labor & Employment Law

EEOC V. Abercrombie’s Lesson For Employers – In 5 Minutes Or Your Money Back

In a nutshell, the Supreme Court decision in EEOC v. Abercrombie means this: if an employment decision is motivated by religion – even if the employer does not actually know the religious need of the individual – then the…more
| Civil Rights, Labor & Employment Law

“Must-Haves” For Your Harassment Investigation

Last week, I posted about harassment “must-haves” for employers, and talked in detail about the first two: a good policy, and training. This week I’d like to talk about “must-have” no. 3 – a prompt, thorough, and fair…more
| Labor & Employment Law

Affirmative Action Alert: Agencies issue proposals on "Fair Pay & Safe Workplaces" Executive Order

The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued simultaneous proposals to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The Executive Order, signed last July,…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Government Contracting

Five Harassment “Must Haves” For Employers

Maybe it’s just me, but workplace harassment issues seem to come in waves — I’ll go months, or even a year, without an issue, and then WHAM! everybody has a “situation,” or at least they need to get their preventive training…more
| Civil Rights, Labor & Employment Law
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