President Trump has signed into law an omnibus federal budget for fiscal year 2018. Among the bill’s provisions is a compromise intended to end litigation and regulatory uncertainty over employers requiring mandatory tip...more
The Family and Medical Leave Act does not apply to all employers or even all employees within a covered company. For example, if the employee works at a location with fewer than 50 employees within a 75-mile radius, that...more
Some employers use a formal or informal system that allows employees to donate accrued leave time to one another, usually in the context of a serious personal or medical problem. In a recent unpublished decision, the Tenth...more
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
As technology changes, courts have increasingly accepted disabled employees’ arguments that they can remotely perform the essential functions of their jobs. Therefore, telecommuting may be recognized as a form of required...more
Employers are not strictly liable for hostile environment sexual harassment by a victim’s co-workers. The employer may be held responsible under Title VII if it knew or should have known of the harassment and failed to take...more
On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more
Earlier this year, EmployNews reported that the National Labor Relations Board had reversed its controversial 2015 Browning-Ferris decision, which set a new standard for joint employer liability for labor law violations. In...more
For employers in the hospitality industry, tipping policies continue to pose significant litigation risks. A number of restaurant groups have faced recent class and collective action claims based on allegations that the...more
3/7/2018
/ Appeals ,
Department of Labor (DOL) ,
En Banc Review ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Statutory Interpretation ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
In a major decision, the full Second Circuit Court of Appeals became the second federal appellate circuit to conclude that Title VII’s prohibitions against sex discrimination also apply to discrimination and harassment claims...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
By now, most employers are familiar with “Bring Your Own Device to Work” policies. These policies allow employees to access company information through their own computers, smartphones, tablets, etc. ...more
The Americans with Disabilities Act is not an affirmative action law. Employers are not required to waive basic job requirements if the applicant or employee is unable to perform them due to a disabling medical condition....more
Construction contractors are familiar with the Occupational Safety and Health Administration’s Multi-Employer Worksite rule. Under this rule, a general contractor (GC) can be held liable for safety violations committed by...more
In 2016, Maine voters approved a referendum that legalizes use of recreational marijuana in the state. Among other things, the referendum prohibits employers from discrimination against employees based on off-duty marijuana...more
A few years ago, the Jimmy John’s sandwich restaurant chain ran into problems over noncompetition agreements entered into with hourly workers at its franchisees’ stores. Several state attorneys general contended that...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
On February 1, the Department of Labor’s Office of Federal Contract Compliance Programs sent letters to 1,000 federal contractors notifying them of their selection for compliance evaluation audits. OFCCP informed employers...more
Under the Fair Labor Standards Act, employee compensation counted for purposes of fulfilling minimum wage and overtime obligations need not be paid all in cash. According to Section 203(m) of the FLSA, wages also include...more
Title VII requires employers to provide reasonable accommodations for employees’ religious beliefs and practices. While this accommodation obligation may not be as high as that imposed for disabilities under the ADA, a recent...more
Last year, the U.S. Department of Labor’s Wage and Hour Division announced its intent to again issue opinion letters in response to wage payment questions posed to the agency by employers and employees. Last month, DOL...more
Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...more
2/1/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Constructive Discharge ,
Corporate Counsel ,
Employer Liability Issues ,
Ford Motor ,
Interactive Process ,
Military Service Members ,
PTSD ,
Reasonable Accommodation ,
Veterans
Mandatory arbitration agreements can help employers avoid some of the costs and delays involved in litigation and eliminate the possibility of an uninformed or random jury decision. While courts generally favor agreements to...more
Last month, the Ninth Circuit Court of Appeals became the fourth appellate circuit to reject the Department of Labor’s six-part test for determining whether internships at for-profit companies must be paid. The DOL test...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