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Federal Court Injunction Throws Employers' Plans for December 1 Overtime Changes Into Disarray

On November 22, a federal district court judge in Texas issued a nationwide injunction prohibiting the Department of Labor from enacting its new overtime exemption salary increase on December 1 as scheduled. The judge...more

Marijuana Initiatives Do Not Require Changes to Drug Testing Policies

Last Tuesday’s election resulted in California and Massachusetts approving referendums to legalize recreational marijuana use. In addition, Florida and several other states passed or expanded medical marijuana use laws....more

Tenth Circuit Says FLSA Overtime Rate Does Not Include Reasonable Per Diem Meal Pay

Under the Fair Labor Standards Act, overtime pay is calculated based on the employee’s “regular rate.” The regular rate includes not just base compensation, but bonuses, incentive pay, commissions and other forms of cash and...more

Federal Judge Permanently Blocks DOL "Persuader" Rule

On Tuesday, a federal district court in Texas issued a permanent injunction blocking implementation of the Department Of Labor’s so-called “Persuader” rule. The rule requires legal counsel and other persons or entities that...more

NIOSH Sets Recommended Exposure Limits for Diacetyl

After years of study, earlier this month the National Institute for Occupational Safety and Health (NIOSH) released recommendations for employee exposure to diacetyl and a related chemical. Diacetyl is a naturally occurring...more

11/16/2016  /  Manufacturers , NIOSH , Toxic Exposure

Same-Sex Harassment Not Actionable When Conduct Not Based on Gender

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

Fluctuating Workweek Policy Does Not Have to be Translated into Employee's Native Language

With the December 1 effective date approaching for the Department of Labor’s increase in the minimum salary for claiming most overtime exemptions, many employers are considering moving employees to the fluctuating workweek...more

Fourth Circuit Finds Sufficient Evidence of FMLA Fraud to Defeat Interference Claim

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

EEOC Updates Strategic Enforcement Plan

The Equal Employment Opportunity Commission (EEOC) recently approved revisions to its 2017-2021 Strategic Enforcement Plan (SEP). The SEP provides employers with an indication of where the agency will concentrate...more

Supreme Court Agrees to Review Transgender Restroom Use

Last week, the U.S. Supreme Court accepted review of a Fourth Circuit Court of Appeals decision that could determine whether transgender status is a protected classification under federal civil rights laws. In Gloucester Sch....more

Federal Judge Blocks Federal Contractor "Blacklisting" Order

Executive Order 13673, entitled “Fair Pay and Safe Workplaces” requires certain federal contractors to disclose to the contracting officer violations over the past three years of 14 listed federal labor laws as well as some...more

Employer Had Implied Knowledge of Employee's Need for ADA Reasonable Accommodation

Since the inception of the Americans with Disabilities Act, the Equal Employment Opportunity Commission has taken the position that employees can trigger the Act’s reasonable accommodation obligations without having to ask...more

Employers Explore Fluctuating Workweek and Related Alternatives to Time and One-Half Overtime for Newly Non-Exempt Employees

Many employers are currently reviewing their options for reacting to the December 1 increase in the minimum salary for claiming exemption from overtime requirements using the executive, administrative and professional...more

Eleventh Circuit Says No to Applicant Disparate Impact Age Discrimination Claims

How would your company react if legal counsel advised you that the mere act of recruiting on college campuses exposes the business to class action employment discrimination claims? Fortunately, this scenario will not happen...more

ADA Allows Sleep Apnea Test for Obese Driver

Almost since the enactment of the Americans with Disabilities Act, motor carriers and drivers have clashed over the carriers’ ability to exclude drivers from service based on health issues. Many of these controversies have...more

Paid Breaks Cannot Offset Overtime Obligations

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

Seasonal Exemption May Help Some Employers Avoid New Overtime Pay Requirements

The December 1 effective date is rapidly approaching for the Department of Labor’s new white-collar overtime exemption salary levels. Employers struggling with their ability to pay the more than doubled salary minimums are...more

Seventh Circuit Says Workplace Noose Does Not Automatically Create Hostile Work Environment

In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) has moved toward a position recognizing that certain workplace occurrences automatically meet the legal requirements for...more

DOL Releases Final Sick Leave Mandate for Federal Contractors

On September 29, the Department of Labor issued final regulations implementing President Obama’s Executive Order requiring federal contractors to provide paid sick leave for their employees. DOL estimates that the rule will...more

Trucking Company Owner Personally Liable for Whistleblower Retaliation Claim

Recent amendments to the Surface Transportation Act include a new cause of action for employees of companies engaged in interstate transportation who allege that they were fired or had other adverse action taken against them...more

EEOC Finalizes New EEO-1 Form Requiring Disclosure of Pay Information

Late last month, the Equal Employment Opportunity Commission issued its revised Form EEO-1. For the first time, the form will require employers to provide summary information about employee pay broken down by gender, race and...more

Termination for Refusal to Cut Dreadlocks Not Race Discrimination

In recent years, the Equal Employment Opportunity Commission has attempted to expand the definition of race under Title VII. The agency takes the position that race includes cultural characteristics and individual expressions...more

SEC Fines Employers for Release Language Disclaiming Right to Monetary Recovery from Whistleblower Complaints

Over the past several years, legal counsel has urged employers to add language to release agreements used with employees to make clear that nothing in those documents will act to prevent an employee or former employee from...more

Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...more

Federal ALJ Says NLRA Also Protects Employee Social Media Use from Union Interference

Employers are well aware of the National Labor Relations Board’s increasingly aggressive prosecution of employers accused of violating employee rights by attempting to restrict their social media interactions. Earlier this...more

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