Secretary United States Department of Labor v. American Future Systems, Inc. This case was before the Third Circuit on appeal by the employer. The district court granted the DOL’s motion for summary judgment, holding that the employer’s policy of excluding time for breaks less than 20 minutes long violated the FLSA. The Third Circuit agreed… Continue reading 3d Cir.: Employer Must Pay for All Breaks Shorter Than 20 Minutes Notwithstanding “Flex Time” Policy
As of April 1, 2018, employers in Massachusetts will be required to provide accommodations to pregnant employees. In July, the Governor signed into law the Pregnant Workers Fairness Act that amends the Massachusetts’ general discrimination law to require employers to provide a reasonable accommodation to pregnant employees and to prevent employers from discriminating against pregnant… Continue reading Massachusetts Will Require Accommodations for Pregnant Employees
The California Assembly has passed Assembly Bill 1008, which would affect employers’ abilities to make pre-hire and personnel decisions based on a person’s criminal history. Governor Jerry Brown has until October 15, 2017 to act on the bill and he is expected to sign it. AB 1008 would apply to all employers in California with five or more… Continue reading Will California “Ban the Box”?
Alabama never ceases to surprise. On September 26, 2017, the Birmingham City Council passed an ordinance that makes it a crime for any entity doing business in the city to discriminate based on race, color, national origin, sex, sexual orientation, gender identity, disability, or familial status. The ordinance passed unanimously and is the first of… Continue reading Birmingham Passes Ordinance Prohibiting Discrimination
On September 20, 2017, the Seventh Circuit Court of Appeals issued a decision that a requested three month medical leave due to a disability was not a reasonable accommodation under the ADA. Although there is some discussion of the particular facts in the case, much to the delight of management-side attorneys like me, the case goes… Continue reading Seventh Circuit Says Extended Medical Leave is Not a Reasonable Accommodation under the ADA
A few weeks ago, we posted that employers could fire Neo-Nazis who participated in the Charlottesville protests. As we noted, we were just looking at First Amendment rights and that employees may have more protections under state laws. My partner, Nancy Yaffe, has a written a thoughtful blog post on those state protections that might… Continue reading Be Careful Before Firing an Employee for Making a Political Statement
On Tuesday, the Office of Management and Budget notified the EEOC that it was delaying a rule finalized last year that would require large employers to report salaries of workers. The rule was implemented to help combat gender pay inequality. The rule would require any employer who must file an EEO-1 report, which is any… Continue reading Delay of EEO Gender Pay Equality Reporting Requirements Does Not Mean a Decrease in Enforcement