With the U.S. Supreme Court recognition of same-sex marriage back in 2015 and increasing EEOC scrutiny regarding employers’ pregnancy accommodation policies and practices as well as gender discrimination, your new parent...more
In the latest Department of Labor (DOL) Opinion Letter, issued on March 14, 2019, the question posed to the DOL was, “May we allow employees to use some or all of their paid leave before using FMLA leave in connection with an...more
The Wage and Hour Division of the Department of Labor (DOL) had taken a break for the past 9 years from issuing Opinion Letters. These Letters are not binding/do not have the effect of law, but can be beneficial to employers...more
Can You Fire Her? -
Most employers, including the one involved in the lawsuit the title of this article is based upon, Hostettler v. The College of Wooster, would answer this question “yes.” After all, the Family and Medical...more
The DOL issued the Final Rule this week regarding President Obama's Executive Order 13706, which requires some federal contractors to provide up to 7 days of paid sick leave to all of their employees starting January 1, 2017....more
The Equal Employment Opportunity Commission (EEOC) has recently issued a new Americans with Disabilities Act (ADA) Guidance document which provides 20 examples of how the Agency expects employers to reconcile their regular...more
The DOL has issued new FMLA leave certification forms.
The only changes are a new May 31, 2018 expiration date, a few more instructions from the DOL regulations and a reference to the GINA safe harbor exception....more
In another effort to remedy the chaos caused by the U.S. Supreme Court’s overturn of the DOMA in June of 2013, the Department of Labor (DOL) has issued its final rule defining who is a “spouse” for purposes of the federal...more
Here is a brief update to our September 24, 2013 alert, which addressed the administration of employee benefits as well as federal income taxes and FMLA leave following this summer’s ruling by the U.S. Supreme Court in United...more
Windsor v. United States -
Issue: Can the federal government define marriage?
Holding: No.
Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more
6/27/2013
/ Affirmative Action ,
But For Causation ,
Discrimination ,
DOMA ,
Due Process ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Family and Medical Leave Act (FMLA) ,
Fisher v University of Texas ,
Harassment ,
Hollingsworth v Perry ,
Mixed Motive Cases ,
Proposition 8 ,
Retaliation ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination ,
Standing ,
Strict Scrutiny Standard ,
Supervisors ,
Title VII ,
University of Texas Southwestern Medical Center ,
US v Windsor ,
Vance v. Ball State University
In follow-up to our February 6 alert concerning the Department of Labor’s (DOL) issuance of new Family and Medical Leave Act (FMLA) regulations, remember that these go into effect this Friday, March 8, 2013. Accordingly, as...more
Aside from the new poster requirement, the other change in the new regulations which is anticipated to have the most widespread effect on employers is the “clarification” of the increments in which employers can require...more
Regarding situation (1) above, the DOL states that although the 26 weeks of “injured service member care leave” can only be used once per service member for the same illness or injury, employees also would be eligible to use...more
What would the holidays be without a visit from the EEOC!
Its latest visit was to Dillard’s – to stop by to pick up a $2 million settlement check this week in connection with an ADA class action filed in California back...more