Discrimination, Title VII, Fair Labor Standards Act (FLSA)

Littler Lightbulb: March Appellate Roundup

Littler on 4/5/2024

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Are Coaches Independent Contractors or Employees?

Flaster Greenberg PC on 2/7/2024

An issue that all businesses grapple with is classifying the individuals performing work. Generally, there are two (2) types of individuals performing work: (1) Independent Contractors (1099) and (2) Employees (W-2). Some...more

2nd Circ. Title VII Ruling Guides On Joint Employer Doctrine

Bradley Arant Boult Cummings LLP on 3/28/2022

The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for...more

The Employment Law Authority - July/August 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Employment Law - April 2016

Manatt, Phelps & Phillips, LLP on 4/13/2016

Supreme Court Gives Stamp of Approval to Representative Statistical Evidence - Why it matters - In a closely watched case, the U.S. Supreme Court has ruled that the use of representative statistical evidence for...more

Employment Law Navigator – Week in Review: February 2016 #3

Zelle LLP on 2/17/2016

The death of Justice Antonin Scalia dominated the news over the long weekend. Whether you agreed with him or not, Justice Scalia’s impact on employment law was significant. From his scathing dissent in UPS v. Young to his...more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

Mintz - Employment, Labor & Benefits... on 9/28/2015

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases

Maynard Nexsen on 9/11/2015

Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or...more

A Reminder for Retailers: Risks Associated With Hiring Third-Party Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/10/2015

As the retail sector grapples with the many challenges of a perpetually evolving economy and an increasingly mobile, independent, and dynamic workforce, it has become common practice for retailers to engage third parties to...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Bradley Arant Boult Cummings LLP on 9/9/2015

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

Fourth Circuit Decides Rule Exempting Certain Management Professionals from Retaliation Lawsuits Not Applicable under Title VII

Spilman Thomas & Battle, PLLC on 8/31/2015

Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...more

Illinois Offers Greater Protections for Pregnant Workers

Morgan Lewis on 1/27/2015

Employers should take note of the newly effective amendment to the Illinois Human Rights Act, which enhances protections for employees affected by pregnancy or childbirth, imposes accommodation requirements on employers, and...more

Lactation Discrimination and Accommodation Becomes a New Hot Topic for Federal Agencies and Courts

Miller & Martin PLLC on 11/13/2014

The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of...more

New York City Council Expands Protection Against Pregnancy Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/1/2013

On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more

Lactation and Breast-Feeding Are “Pregnancy Related Conditions” Protected Under Title VII

Genova Burns LLC on 8/8/2013

In EEOC v. Houston Funding II, Ltd., the Fifth Circuit issued a landmark decision finding that terminating a female employee because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the...more

Employment Flash - July 2013

Skadden, Arps, Slate, Meagher & Flom LLP on 7/26/2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Employment Law -- Jul 03, 2013

Manatt, Phelps & Phillips, LLP on 7/5/2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

New Developments Surrounding Lactation Discrimination

Morgan Lewis on 6/13/2013

New case law and statutory changes increase litigation and liability risk for employers that fail to comply with both federal and state lactation break laws....more

Recordkeeping Part I

Gray Reed on 2/25/2013

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

Hamilton Growers to Pay $500,000 to Settle EEOC Race/National Origin Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 12/15/2012

ATLANTA - Hamilton Growers, Inc., doing business as Southern Valley Fruit and Vegetable, Inc., an agricultural farm in Norman Park, Ga., has agreed to pay $500,000 to a class of American seasonal workers - many of them...more

Discrimination › Title VII › Fair Labor Standards Act (FLSA)

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