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 [...]
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, [...]
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 [...]
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, [...]
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 [...]
On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals–which covers Illinois, Indiana, and Wisconsin–held that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. Hively v. Ivy Tech Community College, [...]
Since May, employers have been scrambling to identify employees who will no longer qualify as overtime exempt under the Department of Labor’s new rules, scheduled to go into effect on December 1, 2016. On November 22, 2016, however, Texas District [...]
On May 18, 2016, the U.S. Department of Labor published a new final overtime rule that will take effect on December 1, 2016, and which is expected to extend overtime pay eligibility to approximately one in five U.S. workers who [...]
The Society for Human Resource Management and Society for Industrial and Organizational Psychology recently published a helpful white paper on the topic of using applicants' criminal and credit history in employment decision making. The white paper discusses not only the legality of background [...]
The Americans With Disabilities Act (ADA) prohibits employers from discriminating against any “qualified individual on the basis of a disability.” But a person is not a “qualified individual” under the ADA if he or she “poses a ‘direct threat’ to [...]
