KSM Articles

“Sex Discrimination” Now Includes Transgender Discrimination in Sixth Circuit

2022-10-29T01:48:37-06:00By |Categories: Discrimination, Labor and Employment, Sixth Circuit|Tags: , , , |

In an opinion issued on March 7, 2018, EEOC v. R.G. and G.R. Harris Funeral Homes, Inc.,[note]__ F.3d __, 2018 WL 1177669 (6th Cir. 2018)[/note] the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) expressly held that [...]

Blanket Prohibitors Beware: When Telecommuting or Remote Work May Be a Required Disability Accommodation

2022-10-29T01:48:38-06:00By |Categories: Disability Accommodation, Labor and Employment|Tags: , , , |

The U.S. Court of Appeals for the Sixth Circuit has unequivocally weighed in: failure to permit an employee to telecommute or work remotely as a disability accommodation may violate the Americans With Disabilities Act (“ADA”). To date, employers in the [...]

Contracts 101 for Small-Business Owners: Vol. 2 (Term, Termination, and Renewal)

2018-09-21T19:10:13-06:00By |Categories: Contracts, Corporate|Tags: , , |

In a prior post, we outlined why it is important to know who you are contracting with. Another common contract issue that we are asked to analyze and advise business owners about is whether a contract can be terminated, and if so, what [...]

DOL Rescinds Intern Test, Adopting Second Circuit’s “Primary Beneficiary” Test

2023-02-01T13:47:13-06:00By |Categories: Labor and Employment, Wage and Hour|Tags: , , |

In a prior post, we reported that two U.S. Courts of Appeals had rejected the Department of Labor’s test for analyzing whether an individual qualifies as an unpaid intern. On Friday, January 5, 2018, the DOL scrapped its own test, [...]

Think your small office isn’t subject to OSHA? Think again.

2022-10-29T01:48:38-06:00By |Categories: Labor and Employment|Tags: , , , |

Just because the machinery in your office is limited to a copy machine and power stapler does not mean your business is exempt from OSHA, the Occupational Safety and Health Act, and related regulations. OSHA applies to all persons engaged [...]

Federal Judge Strikes Down Obama Overtime Rule

2023-02-01T13:47:13-06:00By |Categories: Labor and Employment, Wage and Hour|Tags: , , , |

A federal judge has struck down an Obama administration rule that would have extended overtime eligibility to more than 4 million white collar workers. As discussed in our prior post, the new rule would have dramatically narrowed the “executive, administrative, [...]

Divided Sixth Circuit Panel Applies “Cat’s Paw” Theory to FMLA Retaliation Claim

2022-10-29T01:48:38-06:00By |Categories: Discrimination, Labor and Employment|Tags: , , , |

A split panel of the Sixth Circuit Court of Appeals recently held that the “cat’s paw” theory of liability applies to FMLA retaliation claims. In prior opinions, the Sixth Circuit has assumed without deciding that the theory is available in [...]

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