October 28, 2024
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Category: Disability, Accommodations, and Leaves

Third Circuit Confirms Chronic Serious Health Condition Must Be Established at the Time of Leave

To qualify as having a serious health condition under the Family and Medical Leave Act, an employee must have sought periodic treatment before requesting or taking leave for a chronic condition, a federal appeals court ruled October 18, 2024, in Rodriquez v. SEPTA. In a win for employers, the U.S. Court of Appeals for the Third Circuit denied a former...
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October 09, 2024
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Category: Agency Enforcement

OFCCP Enforcement Regime Is Unconstitutional, Contractor Argues

A janitorial contractor has sued to challenge the enforcement process of the Labor Department’s Office of Federal Contract Compliance Programs. The U.S. District Court for the Southern District of Texas is expected to make an initial ruling by the end of the month. DOL’s administrative enforcement process would change significantly if ABM Industry Groups succeeds in getting the court to...
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September 25, 2024
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Category: Agency Enforcement

Employers Sued by EEOC for Failing To File EEO-1 Reports Are Settling

Multiple employers sued by the EEOC earlier this year for failing to file EEO-1 reports are now settling the lawsuits with detailed compliance agreements in federal district courts across the country. In each case, the companies allegedly failed to file mandatory EEO-1 reports for 2021 and 2022, despite written notice and demand from the EEOC. The settlement agreements appear to...
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September 18, 2024
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Category: FLSA

Fifth Circuit Rules FLSA Recognizes DOL Power To Set White Collar “Salary Basis” Test

The Department of Labor acted within its authority in requiring employers to pay a minimum salary to employees who are classified as exempt from federal minimum wage and overtime requirements, the U.S. Court of Appeals for the Fifth Circuit ruled September 11 in Mayfield v. DOL. A unanimous three-judge panel noted that DOL has included a minimum-salary requirement in the...
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September 18, 2024
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Category: Discrimination and Harassment

Fifth Circuit Rules “Equitable Tolling” Allows for Late Filing With the EEOC

A federal appeals court has applied the doctrine of equitable tolling to extend the deadline for filing an unlawful retaliation charge with the Equal Employment Opportunity Commission (EEOC). In Weathers v. Houston Methodist Hospital, the U.S. Court of Appeals for the Fifth Circuit ruled September 4 that an individual who filed a discrimination charge with the EEOC two days late...
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September 16, 2024
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Category: Disability, Accommodations, and Leaves

EEOC Files First Lawsuit Under the Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission has filed its first lawsuit alleging that an employer violated the Pregnant Workers Fairness Act, which took effect last year. In EEOC v. Wabash National Corp., filed in the U.S. District Court for the Western District of Kentucky, the EEOC alleges that a manufacturer of semi-trailers and commercial trucking equipment violated the PWFA by requiring...
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August 29, 2024
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Category: FLSA

Fifth Circuit Vacates DOL’s “80/20 Rule” for Paying Tipped Workers

A federal appeals court has thrown out the Biden Administration’s “80/20 Rule” rule governing the payment of tipped employees, finding it contrary to the language of the Fair Labor Standards Act (FLSA). In Restaurant Law Center v. U.S. Department of Labor, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit invalidated the rule on August 23,...
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August 28, 2024
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Category: Discrimination and Harassment

8th Circuit Rejects Claim That Firing for Posting Anti-LGBTQ+ Language Was Religious Discrimination

Arconic Corp. did not discriminate on the basis of religion under Title VII of the Civil Rights Act of 1964 when it fired an employee for posting anti-LGBTQ+ language on its intranet site, even though the employee’s post was based on his sincere religious beliefs, the U.S. Court of Appeals for the Eighth Circuit has ruled. In upholding a federal trial...
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August 22, 2024
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Category: Litigation

Federal Court Permanently Blocks FTC’s Controversial Non-Compete Rule

A federal district court in Texas has issued an order overturning a recent Federal Trade Commission (FTC) rule that bans most non-compete agreements. As a result, the rule will not take effect as scheduled September 4. The U.S. District Court for the Northern District of Texas ruled August 20, 2024, in Ryan LLC v. FTC that the FTC’s non-compete rule,...
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July 31, 2024
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Category: Discrimination and Harassment

Ninth Circuit Rules That §1981 Prohibits Hiring Discrimination Based on U.S. Citizenship Status

The Civil Rights Act of 1866—commonly referred to as Section 1981—not only protects against intentional race discrimination but also against hiring discrimination based on U.S. citizenship, the U.S. Court of Appeals for the Ninth Circuit held June 27, 2024, in Rajaram v. Meta Platforms. Section 1981 provides that “all persons” within U.S. jurisdiction “shall have the same right … to...
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