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 employees [...]
The National Labor Relations Board (NLRB) held that an employee forfeited protection under the National Labor Relations Act (NLRA) by improperly accessing the employer’s secured area while engaging in protected concerted activity. The employee was terminated for committing a “serious security breach” after he led 20 delegation members, 12 of which were nonemployees, through a [...]
In our Winter 2018 edition of Perspectives, we reported on an important ruling from the NLRB December 14, 2017 overturning a controversial joint employer test. (See NLRB Overturns Joint-Employer Test). The case was Hy-Brand Industrial Contractors, 365 N.L.R.B. No. 156 (Dec. 14, 2017). On February 26, 2018, the NLRB overturned Hy-Brand due to a conflict [...]
The Equal Employment Opportunity Commission has filed a lawsuit against a rehabilitation and nursing facility over its termination of two pregnant nursing assistants. In a press release issued March 7, 2018, the EEOC says the North Carolina corporation violated federal law when it refused to accommodate the pregnancy-related work restrictions of two employees. According to [...]
The Department of Labor (“DOL”) is launching a test program which encourages employers to self-audit their Fair Labor Standards Act (“FLSA”) compliance. Called the Payroll Audit Independent Determination Program (“PAID”), the program encourages employers to review their own payroll programs and self-report any violations directly to the DOL. Reportable violations include overtime and minimum wage [...]
On March 2nd, 2018, in Mumm v. Charter Township of Superior, the Sixth Circuit reversed and remanded a district court decision granting summary judgment to the defendant on a retaliation claim. The plaintiff, who worked as an accountant, human resources administrator, and an information technology administrator, told her employer that she was fed up with [...]
On January 22, 2018, the U.S. 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 in [...]
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. [...]