Megan Norris on Employer Liability Issues

Supreme Court Rules: Title VII Protects Gay and Transgender Employees

On June 15, 2020, the Supreme Court, in a 6-3 decision, held that Title VII prohibits employers from discharging or otherwise taking an adverse employment action against an employee solely because the employee is gay or...more

6/16/2020 / Altitude Express Inc v Zarda , Bostock v Clayton County Georgia , Civil Rights Act , EEOC v RG & GR Harris Funeral Homes , Employer Liability Issues , Gender Identity , Hiring & Firing , LGBTQ , SCOTUS , Sex Discrimination , Sexual Orientation , Sexual Orientation Discrimination , Title VII , Transgender

Coronavirus and the Workplace - Part III: Leave

The Family and Medical Leave Act - Employers covered by the Family and Medical Leave Act ("FMLA") must allow an eligible employee to take leave due to a serious health condition of the employee or to care for the...more

3/3/2020 / Coronavirus/COVID-19 , Employer Liability Issues , Employment Policies , Family and Medical Leave Act (FMLA) , Infectious Diseases , Paid Leave , Sick Leave , State Labor Laws , Workplace Safety

Coronavirus and the Workplace - Part II: Non-discrimination

Part II: Non-discrimination - The increasing fear around COVID-19, which was first detected in China, can lead to stigmatizing Chinese or other Asian individuals. However, according to the CDC, just being Chinese or Asian...more

3/3/2020 / Americans with Disabilities Act (ADA) , Civil Rights Act , Coronavirus/COVID-19 , Employer Liability Issues , Infectious Diseases , National Origin Discrimination , Race Discrimination , Risk Management , State and Local Government

Standard to Determine FLSA Joint Employer Status Revised Under Department of Labor's Recently Adopted Final Rule

The Department of Labor (DOL) adopted a final rule on January 12, 2020, to revise and update its Part 791 regulation regarding joint employment status under the Fair Labor Standard Act (FLSA). This final rule will be...more

1/15/2020 / Department of Labor (DOL) , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Final Rules , Franchisors , Joint Employers , Multi-Factor Test , Wage and Hour

Employers Cannot Shorten Limitations Period for Title VII Claims, Sixth Circuit Rules

The statute of limitations of Title VII of the Civil Rights Act of 1964 cannot be contractually shortened for litigation, the Sixth Circuit held on September 25, 2019 as a matter of first impression in Logan v. MGM Grand...more

10/2/2019 / Civil Rights Act , Claims Limitations Period , Employer Liability Issues , Employment Litigation , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Retaliation , Sex Discrimination , Title VII

DOL Opinion Letter: Employers Cannot Delay Designation of FMLA-Qualifying Leave

Employers can't delay the designation of a Family and Medical Leave Act-qualifying paid leave or provide additional FMLA leave beyond the 12-week FMLA entitlement, according to a new opinion letter issued by the Department of...more

3/20/2019 / Department of Labor (DOL) , Employer Liability Issues , Family and Medical Leave Act (FMLA) , Opinion Letter , Paid Leave , Unpaid Leave

New OSHA Rule Could Affect Employers’ Drug Testing and Safety Incentives

The Occupational Safety and Health Administration (OSHA) intends to enhance its enforcement efforts against employers who OSHA believes are using drug testing and safety incentives to improperly reduce recordable work-related...more

7/6/2016 / Anti-Retaliation Provisions , Drug Testing , Electronic Filing , Employer Liability Issues , Final Rules , Incentives , OSHA , Recordkeeping Requirements , Reporting Requirements , Workplace Injury , Workplace Safety

Megan Norris

Miller Canfield

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