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Nashville has joined more than 100 other localities across the nation that prohibit firms and contractors conducting business with the city from discriminating against employees on the basis of sexual orientation or gender identity. Similar protections were granted to city employees in 2009, and Metro Council members voted 21-15 on Tuesday night to extend the […]
Another state has secured victory in the battle to balance struggling state budgets by restricting collective bargaining rights for public-sector employees. Ohio Governor John Kasich has approved Senate Bill (SB) 5, a bill that is in some ways more restrictive than the highly publicized and protested Wisconsin bill that passed earlier this year. The bill […]
The U.S. Supreme Court heard oral arguments yesterday in Wal-Mart Stores v. Dukes, a massive lawsuit that has been called the largest employment class action in U.S. history. The class of plaintiffs in this case is estimated to include approximately 1.5 million former and current female Wal-Mart employees seeking monetary relief that could amount to […]
More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Commission (EEOC) has finalized regulations interpreting the law’s requirements. For the most part, the final regulations provide exactly the type of comprehensive guidance employers were hoping for. In any event, they are a dramatic departure from (and an […]
By David S. Fortney, Editor Federal Employment Law Insider Fortney & Scott, LLC More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Agency (EEOC) is finally issuing regulations interpreting the law’s requirements. The regulations provide crucial information for employers who, for the past two years, have struggled […]
Today, in a 6-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) antiretaliation provision protects not just written complaints but also oral ones. The Court noted in its opinion that it heard the case because of a conflict in the circuit courts over whether oral complaints were protected. In Kasten […]
The U.S. Departments of Health and Human Services (HHS) and the Treasury recently issued proposed new regulations under the Patient Protection and Affordable Care Act (PPACA) that outline the steps states must take to acquire Waivers for State Innovation. Under the PPACA, in 2017, states will be able to ask for such waivers to allow […]
By Jeanne M. Bender Two bills that are progressing through the Montana Legislature would impose significant restrictions on employers’ staffing response to emergencies and their ability to manage unemployment compensation eligibility for recent hires. Montana law currently limits the workday in certain occupations and for certain employers (e.g., mining, smelting, school districts, and state and […]
Today, in Staub v. Proctor Hospital, the U.S. Supreme Court unanimously held that an employer may be liable under the Uniformed Services Employment and Reemployment Rights Act (USERRA) when the discriminatory actions of an employee who doesn’t make employment decisions influence the employment decisionmaker. More specifically, the Court noted, “if a supervisor performs an act […]
A bill rapidly making its way through the Tennessee Legislature would protect employers that opt not to restrict persons who are legally licensed to carry a handgun from bringing their weapons into the workplace. On Monday, Senate Bill (SB) 519 passed almost unanimously (the lone dissenter was Democratic Senator Beverly Marrero of Memphis). The bill, […]