A new unpublished opinion from the Third Circuit Court of Appeals reminds employers that their obligation to provide disabled persons with reasonable accommodations under the Americans with Disabilities Act does not limit...more
Last month’s U.S. Supreme Court decision in Epic Systems Corp. v. Lewis confirmed employers’ ability to avoid class and collective action claims through the use of mandatory arbitration agreements with employees. This month,...more
As anticipated, the losing employer in the Second Circuit Court of Appeals’ Zarda v. Altitude Express decision has filed a petition for certiorari with the U.S. Supreme Court. If accepted by the court, this case could...more
As with life in general, sometimes it’s best for a manager to keep frustrations over a work situation to himself or herself. This advice was confirmed in a recent decision from the Tenth Circuit Court of Appeals, when a...more
We typically avoid reporting on cases that involve procedural issues primarily of interest to trial lawyers. However, once in a while, a procedural decision can have significant impacts on how employers structure their human...more
The legal line between race and national origin discrimination claims continues to fade as federal courts take an increasingly expansive definition of the term “race.” Last month in an unpublished decision, the Fourth Circuit...more
The line between volunteer and unpaid labor can be difficult to distinguish. When do people freely agree to donate their time and services, and when are they persuaded or even coerced to do so?...more
Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more
4/11/2018
/ Administrative Law Judge (ALJ) ,
Appeals ,
Civil Monetary Penalty ,
Criminal Prosecution ,
Employer Liability Issues ,
OSHA ,
Personal Knowledge ,
Reaffirmation ,
Reckless Disregard ,
Supervisors ,
Willful Violations ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
Last Monday in a 5-4 decision, the U.S. Supreme Court held that automotive service advisors fall within the Fair Labor Standards Act’s statutory overtime exemption applicable to car salespersons and mechanics. This decision...more
4/9/2018
/ Appeals ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Patent Litigation ,
Reversal ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
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
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
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
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
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
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
In some situations, lawyers can determine that post-employment noncompetition agreements are likely to be declared automatically invalid. For example, a North Carolina employer that attempts to obtain a five year...more
From time to time, health care employers find themselves faced with employees who refuse to take mandatory vaccines intended to protect themselves and their patients from exposure to infectious diseases. Sometimes these...more
Under the Fair Labor Standards Act, certain drivers of commercial vehicles in interstate commerce are exempt from the law’s overtime provisions. In 2008, Congress amended the FLSA to apply the overtime requirement to drivers...more
The Fair Labor Standards Act requires that employees be paid a minimum wage of $7.25 per hour. In Douglas v. Xerox Business Services, LLC, the plaintiffs challenged Xerox’s variable pay system as violating these requirements....more
In recent years, a number of companies have faced lawsuits from unpaid interns who claim that they should have been compensated for their work. The Department of Labor considers internships to be subject to federal minimum...more
Here is a nightmare scenario for human resources: The company sends an employee absent from work the required Family and Medical Leave medical certification form via regular mail. The employee fails to return the form within...more
Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more
On October 12, the Sixth Circuit Court of Appeals partially approved and partially rejected an unusual pay plan designed to satisfy federal minimum wage requirements. In Stein v. HHGregg, Inc., the employer placed retail...more