November 30, 2015
DOL Announces Expected Date for Final Rule Raising the Salary Threshold for Exempt Employees
On November 20, 2015, the Obama Administration released its fall 2015 Regulatory Agenda. The Agenda revealed that the U.S. Department of Labor (DOL) has pegged July 2016 as the anticipated date to publish the final rules raising the salary for the Fair Labor Standards Act (FLSA) salary exemptions.
June 26, 2015
U.S. Supreme Court Rules on Same-Sex Marriage
On June 26, 2015, the United States Supreme released its decision in Obergefell, et al. v. Hodges, Director, Ohio Dept. of Health, et al. The Court’s essential message is that state and local governments must permit same-sex couples to marry and must treat same-sex spouses the same as opposite-sex spouses.
June 25, 2015
U.S. Supreme Court Upholds Affordable Care Act…Again
In a 6-3 decision, the Supreme Court sided with the Obama administration and held that individuals who receive health insurance through the federal government’s exchange are still eligible for tax subsidies to help pay for the insurance. While the law remains controversial, the decision removed the final major judicial challenge to the Affordable Care Act (“ACA”).
June 2, 2015
On Your Marks, Get Ready…Stereotype!
On Monday June 1, 2015, in EEOC v. Abercrombie & Fitch Stores [pdf] the United States Supreme Court, addressed the issue of whether an employer can be liable for refusing to hire an applicant or discharging an employee on a “religious observance and practice” if the employer doesn’t have actual knowledge that a religious accommodation is required.
May 29, 2015
DOL Releases Revised FMLA Forms
The U.S. Department of Labor (“DOL”) has released revised model Family and Medical Leave Act (“FMLA”) forms for employers’ use in administering and determining eligible FMLA leave. Under the terms of the Paperwork Reduction Act (“PRA”), the Office of Management and Budget (“OMB”) must review the FMLA forms every three (3) years.
March 20, 2015
FMLA Definition of “Spouse” Expanded
In February, the U.S. Department of Labor, Wage and Hour Division issued a proposed change to the Family and Medical Leave Act’s definition of “spouse” to include all legal same-sex marriages. The regulations are being revised in order to comply with the Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (“DOMA”) to be unconstitutional.
January 7, 2015
Department of Labor Expands Protected Classes for Federal Contractors
On December 9, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) under the U.S. Department of Labor published a Final Rule that prohibits federal contractors and subcontractors from discriminating in employment on the grounds of sexual orientation and gender identity.
October 23, 2014
Honest Belief Defense Unavailable for FMLA Interference Claims
Earlier this month, the United States District Court, S.D. Ohio ruled that an employer may not rely upon an honest belief that an employee was abusing FMLA leave as a legitimate, non-discriminatory reason to terminate an employee. The honest belief rule is ordinarily available to employers as a defense against claims of employment discrimination.
October 3, 2014
Religious Accommodation in the Workplace
Yesterday was the first day of the U.S. Supreme Court’s 2014-2015 term and the Court already has made a splash in employment law news. In EEOC v. Abercrombie & Fitch Stores, Inc., the EEOC has claimed that Abercrombie failed to provide a reasonable religious accommodation for a hijab-wearing job applicant. The district court granted summary judgment in favor of the EEOC and held that Abercrombie failed to provide a reasonable accommodation to its clothing policy.
July 29, 2014
Pregnancy-Related Impairments as Disabilities Under the ADA
On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated Enforcement Guidance on Pregnancy Discrimination and Related Issues. The Pregnancy Discrimination Act (“PDA”), 42 U.S.C. § 2000e(k), was enacted in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act.