In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant. Although various...more
The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more
2/24/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Employee Rights ,
Employment Discrimination ,
Employment Litigation ,
Fitness for Duty Exams ,
Mental Health ,
Reasonable Accommodation ,
Summary Judgment
Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more
The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more
7/22/2024
/ Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Human Resources Professionals ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Wage and Hour
The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work. In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more
The Equal Pay Act (EPA) and Title VII of the Civil Rights Act generally prohibit covered employers from discriminating against employees on the basis of sex with regard to compensation. The EPA requires men and women to...more
The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more
It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims. Doing so can help to rebut the allegation that an individual has been subjected...more
The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more
10/18/2022
/ Anti-Retaliation Provisions ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Medical Leave ,
Paid Leave ,
Wage and Hour
In a press release issued on July 6, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had reached an agreement to resolve findings that Tampa Bay-based medical practice Brandon Dermatology had...more
In a decision issued on May 10, 2022, the United States Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the employer in a case involving alleged wrongful termination in violation of the Uniformed...more
On September 15, 2021, National Labor Relations Board General Counsel Jennifer Abruzzo issued a Memorandum (GC 21-07) to all Board Field Offices recommending that, when pursuing settlement agreements with employers charged...more
The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more
7/7/2021
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Opportunities ,
Hiring & Firing ,
Human Resources Professionals ,
Labor Law Violations ,
Reasonable Accommodation
On March 22, 2021, the U.S. Equal Employment Opportunity Commission issued a Resolution condemning violence and discrimination against Asian Americans and Pacific Islanders. This resolution comes approximately one year after...more
Earlier this year, the U.S. Equal Employment Opportunity Commission published compliance guidance to employers regarding the application of various Federal EEO laws to workplace issues related to COVID-19. This Technical...more
On March 10, 2020, the U.S. Department of Labor published a Final Rule establishing a new system by which third parties may develop and operate apprenticeship programs in the United States. According to the DOL’s press...more
On November 5, 2019, the Wage and Hour Division of the U.S. Department of Labor proposed a new Rule which would allow employers to offer bonuses and other incentive-based payments to salaried nonexempt employees whose work...more
On September 17, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that a charge of discrimination against United Parcel Service, Inc. (UPS), alleging failure to accommodate in...more
9/24/2019
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Light-Duty Positions ,
PDA ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Title VII ,
Young v United Parcel Service
On July 1, 2019, the Wage and Hour Division of the U.S. Department of Labor issued several new opinion letters. One such letter, FLSA 2019-9, concerns an employer’s use of payroll software to calculate the wages owed to its...more
On April 1, 2019, the U.S. Department of Labor issued a notice of proposed rulemaking on joint employer status under the Fair Labor Standards Act. (FLSA). This proposed rulemaking seeks to revise the DOL’s regulation, 29...more
4/9/2019
/ Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
New Rules ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage and Hour
In 2009, the U.S. Department of Labor issued an opinion letter which clarified the DOL’s position regarding the application of “tip credits” to employees who performed multiple job functions for an employer. However, shortly...more
11/21/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
Opinion Letter ,
Restaurant Industry ,
Timekeeping ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Many employers utilize “no-fault” attendance polices, which provide that employees are subject to progressive discipline up to and including termination when they accumulate a specified number of absences within a certain...more
9/25/2018
/ Absenteeism ,
Attendance ,
Canada ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Opinion Letter ,
Paid Sick Leave Act ,
USERRA ,
Wage and Hour ,
Workers Compensation Act
Title VII of the Civil Rights Act of 1964 prohibits not only discrimination in employment on the basis of certain protected categories such as race, but also retaliation against an employee who opposes such discrimination....more
Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of...more
On August 8, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that its lawsuit against United Parcel Service, Inc. (UPS), alleging disability discrimination claims under the...more