Several years after efforts stalled under President Obama, the United States Department of Labor has now proposed new regulations increasing the “salary test” for determining which employees may be “exempt” from the benefits of overtime pay under the Fair Labor Standards Act. Under current federal law, all employees must be paid overtime if they work … Read more
The Department of Labor recently issued an opinion letter concerning leave under the Family and Medical Act (“FMLA”). DOL now opines that an employer must designate employee as FMLA leave if such time off has been requested for an FMLA qualifying event, even if the employee uses other paid time off benefits during this time. … Read more
It is a new year. But the same fight continues in the courts over when restaurants can pay service employees the tip credit wage. As result, there is continuing confusion for the restaurant industry about when and how to pay tipped employees sub-minimum wage. Just a few months ago, we wrote about a United States … Read more
As of January 1, 2019, the EEOC removed from federal regulations a rule permitting an employer to incentivize employees to voluntarily disclose information protected by the Americans with Disabilities Act (“ADA”) and Genetic Information Nondiscrimination Acct (“GINA”) in connection with an employee-sponsored wellness program. This means that employers who offer wellness programs that incentivize employees … Read more
The 20% Rule is dead. Or is it? Only last month, we wrote about the 9th Circuit’s decision in Alec Marsh v. J. Alexander’s, in which the Court of Appeals joined with other circuits and gave deference to and enforced the U.S. Department of Labor’s guidance concerning the amount of side work that tipped employees … Read more
After numerous legislative false starts over the past decade, Massachusetts has finally enacted legislation defining the boundaries of enforceable noncompetition agreements in the employment context. The new law takes effect on October 1, 2018 and is codified at M.G.L. c. 149, § 24L. While it sets several clear and understandable limitations on such agreements, it … Read more
In Masterpiece Cakeshop, Ltd. et al., v. Colorado Civil Rights Commission, the United States Supreme Court recently ruled 7-2 in favor of a Colorado baker who refused to bake a wedding cake for a same-sex couple because he claimed it would violate his religious beliefs against gay marriage. Importantly, the Court’s ruling did NOT decide … Read more
After several months of deliberation, the Supreme Court ruled in a 5-4 decision authored by Justice Gorsuch that employment agreements can lawfully include provisions that require employees to arbitrate claims on an individual basis rather than through a class or collective actions. This is a significant victory for employers who may be the targets of … Read more
In Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, the Sixth Circuit recently held that a transgender individual has a cognizable claim of gender identity discrimination under Title VII, and furthermore that the employer’s religious objections to transgender individuals working at his business did not override the employee’s rights to be free … Read more
The Massachusetts Pregnant Workers Fairness Act (the “Act”) goes into effect on April 1, 2018. The Act amends M.G.L. ch. 151B, §4 Massachusetts anti-discrimination statute to expressly prohibit discrimination on the basis of pregnancy or pregnancy-related conditions. According to the Act, employers are generally prohibited from treating employers or job applicants less favorably than others … Read more