Protecting Employers Since 1985
ONE DECISION HELD THAT ENSURING FAIR COMPETITION MIGHT PROVIDE A POWERLIFTING EVENT SPONSOR WITH A VALID BUSINESS REASON TO EXCLUDE TRANSGENDER ATHLETES FROM COMPETING AGAINST WOMEN, THE OTHER DECISION HELD THAT A PHARMACIST’S CONSCIENTIOUS OBJECTION TO DISPENSING A BIRTH CONTROL PILL THAT COULD “END LIFE,” IS NO DEFENSE TO A CLAIM OF PREGNANCY DISCRIMINATION The…
Read MoreEffective: January 1, 2024, the Illinois Transportation Benefits Program Act went into effect. NOTE: Employer only establishes the program. Employer does NOT pay the cost of the transit benefit. Covered Employee: Any person who performs an average of at least 35 hours of work per week for compensation on a full-time basis. Employees have the…
Read MoreOn February 27, 2024, the Eighth Circuit Court of Appeals issued an Order regarding Arc of Iowa, et. al., v. Reynolds, et. al. that reversed course on its prior decision that the plaintiffs were entitled to an injunction prohibiting enforcement of Iowa’s ban on mask-mandates in public schools. This case was originally brought by the…
Read MoreThis week the U.S. Court of Appeals for the Seventh Circuit, in Chicago, overturned a healthcare employer’s summary judgement win in an FMLA interference and retaliation case. The case involved a managerial employee who in her employer’s view was terminated for performance – not meeting expectations – after being placed on a performance improvement plan,…
Read MoreIf an employee with a history of anxiety presents a list of requested actions for workplace grievances and labels it a “request for accommodation,” is it? How do you distinguish between gripes about the work environment and legitimate requests for accommodations under the ADA? In Kelly v. Town of Abingdon, 90 F.4th 158 (4th Cir.…
Read MoreTimeline of final rule: On September 8, 2023, the US Department of Labor released its proposed rules. As such, the federal agency has a target date of April, 2024 for the enactment of the final rule. The Proposed Rule: The salary threshold would be increased from the current $684 per week ($35,568 per year) to…
Read MoreThose employers who have previously had the pleasure of “making the acquaintance” of the NLRB, probably already know that today’s NLRB is not your parents’ NLRB. Precedent that has stood for decades is being rewritten by the current Board at a frenetic pace. Case in point – a recent complaint issued by the NLRB’s Regional…
Read MoreA few weeks ago I had a client call with questions about threatened workplace violence. A discharged employee was returning to the company parking lot regularly and looked pretty menacing. I gave him my advice and emailed my commentary on the subject from our newsletter. I think it gave some good advice. Click here to…
Read MoreOn January 10, 2024, the US Department of Labor (DOL) published the Final Rule (standards) for assessing whether a worker is an independent contract or employee in the Federal Register. The Final Rule is scheduled to take effect on March 11, 2024 The Final Rule is a six factor Economic Reality Test: The above factors…
Read MoreHave you ever wondered whether some hip-hop music, with its misogynistic, sexually graphic lyrics and frequent use of the “n-word,” could form the basis of a harassment claim if played in the workplace? If so, you now have an answer. In Sharp v. Activewear, L.L.C., 69 F.4th 974 (9th Cir. 2023), the Ninth Circuit addressed…
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