On March 7, 2018, the United States Sixth Circuit Court of Appeals held that discriminating against an employee based on their transgender or transitioning status is a violation of Title VII. EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 2018 U.S. App. LEXIS 5720 (6th Cir. 2018). Title VII of the Civil Rights Act [...]
FHKAD is pleased to announce that Frank Hatfield has accepted a position to become the next Risk Control Manager at CORSA. Frank has been a valued member of our team for more than a decade and he will be missed. However, we are excited about his opportunity to begin a new chapter of his career [...]
On February 26, 2018, the United States Second Circuit Court of Appeals held that Title VII of the Civil Rights Act prohibits discrimination on the basis of an employee’s sexual orientation. Zarda v. Altitude Express, 2018 U.S. App. LEXIS 4608 (2018). Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against [...]
On January 22, 2018, the United States Supreme Court reversed the decision of the U.S Court of Appeals for the District of Columbia in District of Columbia, et al. v. Wesby, et al. The Court found that: (1) the arresting officers had probable cause to arrest for unlawful entry and (2) the officers were reasonable [...]
An arbitrator found a Township Police Department had just cause to terminate a 15-year police officer for dishonesty and insubordination, among other offenses. The termination stemmed from a troubling story involving the officer’s off-duty conduct the officer told at a morning briefing prior to beginning his patrol for the day. The grievant told a few [...]
On December 22, 2017, President Trump signed the tax reform bill into law. The bill is officially called “An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018.” Among its many provisions, the law incentivizes employers to provide paid FMLA leave. Passed [...]
On November 15, 2017, the United States Ninth Circuit Court of Appeals held that it is not a violation of the Fair Labor Standards Act for employers to average out their employees hourly pay over the course of a workweek, as long as the average is at or above the required minimum wage. Douglas v. [...]
On December 11, 2017, the United States Supreme Court announced that it will not review a Title VII same-sex discrimination case, on appeal of the Eleventh Circuit’s ruling in Evans v. Ga. Reg’l Hosp., No. 15-15234, 2017 U.S. App. LEXIS 4301 (11th Cir. Mar. 10, 2017). This decision leaves a split in the United States [...]
As employers and employees continue to grapple with the ever-increasing cost of health care, it is important to keep up with the changes to contribution limits, minimums and maximums for 2018. The Internal Revenue Service announced these increases on October 19, 2017. The 2018 changes for Flexible Spending Accounts (FSAs), Health Savings Accounts (HSAs), and [...]
On December 14, 2017, the NLRB established a new standard governing NLRB scrutiny of employer handbooks, workplace policies and rules. The new standard overturns and replaces the controversial Lutheran Heritage standard that has caused employers much consternation since 2004. The National Labor Relations Act (“NLRA”) generally protects employees’ rights to act together to try to [...]