On July 28, 2016, the U.S. Court of Appeals for the Seventh Circuit ruled in a precedential decision that existing civil rights laws do not protect against sexual orientation discrimination. Although it was a unanimous decision, the court expressed great displeasure and conflict with the “illogical” legal structure in which “a person can be married
EEOC releases guidance on wellness program notices
Following new rules issued on employer wellness programs, the Equal Employment Opportunity Commission on June 16 released an example of how employers should communicate with their employees about the medical information those programs obtain.
In May, the EEOC issued final rules clarifying that Title I of the Americans with Disabilities Act (ADA) and Title II
With OSHA update, employers face new requirements on injury reports
On May 11, 2016, the Occupational Safety and Health Administration (OSHA) published the much-anticipated final rule revising its regulations on the recording and reporting of occupational injuries and illnesses.
The final rule requires employers to electronically submit information about workplace injuries and illnesses, and it bars employers from retaliating against workers for reporting such incidents.
Circuit split: Do class and collective action waivers in employment agreements violate the NLRA?
On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic Systems, agreeing with the National Labor Relations Board’s position that mandatory arbitration agreements that prohibit employees from bringing class or collective claims violate the National Labor Relations Act. It was the first appellate court
FLSA overtime final rule released: White-collar exemption threshold doubles
On May 18, 2016, the U.S. Department of Labor (DOL) released the final rule updating the regulations defining and limiting “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). These rules apply to workers who fall under the executive, administrative, or professional exemptions from the FLSA’s minimum wage and overtime protections. The rule
EEOC releases final rules on employer wellness program incentives
On May 16, 2016 the EEOC issued final rules amending the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) with respect to employer wellness programs. These changes clarify that employers may use incentives to encourage participation in wellness programs
Employers should prepare for FLSA overtime rule changes
It is no secret that the U.S. Department of Labor is expected to release the final rules related to the Fair Labor Standards Act (FLSA) soon — possibly sometime this month. The rules, which could make millions of more employees eligible for overtime, may also make compliance more difficult for employers and business leaders in
House passes bill allowing employers to combat trade-secret theft in federal court
On April 27, 2016, the House of Representatives passed a bill that would allow companies to go straight to federal court to fight trade-secret theft by their employees. Currently, when a company’s trade secrets are stolen, the only available remedies are to file a private civil action in state court or to convince the Justice
Obesity, without more, doesn’t qualify as a disability, 8th Circuit affirms
A railway company and the business groups that supported its position scored a victory April 5 with the U.S. 8th Circuit Court of Appeals’ decision that obesity is not a covered condition under the Americans with Disabilities Act. The ruling is the latest to support the position that general obesity, without an underlying medical cause
DOL’s overtime rule advances as Congress pushes back
A proposed Department of Labor rule update that would increase employee overtime costs for businesses is nearing publication, but in the meantime, it faces some congressional opposition.
Congress hasn’t seen the final rule yet, and neither have employers. That will happen after the completion of a review by the White House’s Office of Management and