Perhaps the most frequently requested religious accommodation under Title VII involves scheduling to avoid working certain times of the week. Employers must consider allowing accommodations to allow employees time away from...more
In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial exemption” to employment claims brought under Title VII and the ADA. The exception allows religious employers to make what otherwise would...more
Through the 2000s, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) had the reputation as one of the most employer-friendly U.S. appellate courts. As new judges took to the bench over the...more
Under the federal Equal Pay Act, once a plaintiff has made a prima facie case of pay discrimination based on gender, the burden of proof shifts to the employer to demonstrate legitimate business reasons for the disparity....more
From time to time, health care employers find themselves faced with employees who refuse to take mandatory vaccines intended to protect themselves and their patients from exposure to infectious diseases. Sometimes these...more
The Fair Labor Standards Act requires that employees be paid a minimum wage of $7.25 per hour. In Douglas v. Xerox Business Services, LLC, the plaintiffs challenged Xerox’s variable pay system as violating these requirements....more
In recent years, a number of companies have faced lawsuits from unpaid interns who claim that they should have been compensated for their work. The Department of Labor considers internships to be subject to federal minimum...more
Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more
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
Earlier this month, the Trump administration withdrew the Department of Justice’s prior position that Title IX of the Civil Rights Act prohibits schools and other covered institutions from discriminating on the basis of...more
Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more
Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more
2/8/2017
/ Appeals ,
Construction Industry ,
Corporate Counsel ,
Dismissals ,
Fair Labor Standards Act (FLSA) ,
General Contractors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
Reversal ,
Subcontractors ,
Wage and Hour
Title VII’s discrimination prohibitions include actions taken against white employees based on their race. Last month in an unusual, unpublished decision, the Fifth Circuit Court of Appeals concluded that reverse...more
Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...more
Employees approved for unscheduled intermittent Family and Medical Leave (FMLA) can drive their employers crazy. While most such employees use the leave responsibly for true medical conditions, employers sometimes notice a...more
Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more
7/19/2016
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Dismissals ,
Family and Medical Leave Act (FMLA) ,
Legitimate Business Interest ,
Medical Leave ,
Reasonable Accommodation ,
Reduction in Hours ,
Reinstatement ,
Summary Judgment ,
Wage and Hour
Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more
Under the Fair Labor Standards Act, employers are liable for payment of overtime to covered employees. This requirement applies to time that is not specifically authorized by the employer if it is “suffered,” meaning that the...more
In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more
As with most states, South Carolina recognizes an exception to its general employment at-will doctrine. Employers may terminate employees with or without cause, but not for any reason that violates the state’s public policy....more
10/5/2015
/ Appeals ,
At-Will Employment ,
Breach of Contract ,
Dismissals ,
Employer Liability Issues ,
Employment Contract ,
Public Employees ,
Public Employers ,
SC Supreme Court ,
Severance Pay ,
Wrongful Termination
Sometimes, employees believe that they have been discriminated against or harassed based on their membership in multiple protected categories. Employers often receive EEOC charges that identify race and sex, or age and...more
Title I of the Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities in order for them to perform the essential functions of their jobs. Employers and...more
In order for a plaintiff to prove age discrimination, he/she must show that age is a “but for” reason for the termination or other employment action. In other words, but for the plaintiff’s age, the termination decision would...more