June 2024 E-Update


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Remember That Managers Can Be Individually Liable Under the FLSA! 

A case from the U.S. Court of Appeals for the Eleventh Circuit provides a good reminder that individual owners and managers, even those at a middle level, can be held liable for violations of the Fair Labor Standards Act.

For more, click here.

Insubordinate Behavior May Be Protected Under the National Labor Relations Act.

Although difficult to accept, employers may be required to tolerate insubordinate and unprofessional behavior from employees when such behavior is connected to protected conduct under the National Labor Relations Act – a point that the National Labor Relations Board made in a recent case. For more, click here.



Employers Must Take Reasonable Steps to Stop Harassment by Third Parties.

A recent case from the U.S. Court of Appeals for the Second Circuit reminds employers that they must do more than the bare minimum to protect their employees from outside harassment.  For more, click here.

Service Dog Might Not Be a Reasonable Accommodation.  The U.S. Court of Appeals for the Eighth Circuit does not appear to be a fan of service animals in the workplace. Following last year’s decision, in which it rejected a train conductor’s accommodation request to bring his dog to work to mitigate his PTSD and migraines, as discussed in our March 2023 E- Update, the Eighth Circuit has doubled down on the principle that service dogs, who provide the same assistance whether at or away from work, are not a benefit or privilege of employment to which an employee is entitled under the Americans with Disabilities Act.  For more, click here.

Improving Benefits May Violate the NLRA.  No good deed goes unpunished, so the saying goes, and improving benefits for employees in the context of a union organizing campaign can land the employer in exceedingly hot water, as shown in a recent case from the National Labor Relations Board.  For more, click here.

But Blaming a Delay in Raises on the Union Is Also Unlawful.  As discussed elsewhere in this E-Update, an employer may violate the National Labor Relations Act by granting benefits under certain circumstances. But on the flip side, the employer may also violate the NLRA when it blames delays in benefits on the union.  For more, click here.

The FMLA Does Have Limits…  In finding that an unmarried partner of a birth parent was not entitled to leave under the Family and Medical Leave Act prior to the child’s birth, the U.S. Court of Appeals for the Eleventh Circuit stated, “We have little doubt that some people and families who would benefit from FMLA leave are denied its benefits because its reach and scope is limited.”  For more, click here.

On-Call Time: Engaged to Wait or Waiting to Be Engaged?  For employers with on-call employees, a recent case from the U.S. Court of Appeals for the Tenth Circuit offers a good reminder of the rules regarding the compensability of on-call time under the Fair Labor Standards Act.  For more, click here.

Mid-Atlantic Employers – There Are Minimum Wage Increases in D.C. and Montgomery County (MD).  Employers with employees in the District of Columbia and Montgomery County, Maryland should be aware that the minimum wage rate is increasing as of July 1, 2024. As discussed in our December 2023 E-Update, increases in Maryland, Howard County, New Jersey, Delaware, and Virginia, as well as for federal contractors, took effect on January 1, 2024.  For more, click here.

Federal Contractor Update – Audit List, Mega Construction Designees, VEVRAA Resources.  The U.S. Department of Labor and its Office of Federal Contract Compliance Programs announced several matters of significance to federal contractors and subcontractors this month.  For more, click here.


TOP TIP: Lessons for Employers on Call-In Requirements From a Rather Troubling FMLA/ADA Decision

It is well-established that, under both the Family and Medical Leave Act and the Americans with Disabilities Act, employers may require employees to comply with normal call-in requirements, “absent unusual circumstances.” Additionally, employees are required to respond to an employer’s reasonable questions about a leave request and failure to do so may result in denial of FMLA leave. But a recent case from the U.S. Court of Appeals from the Sixth Circuit would apply a high standard for enforcing that requirement and offers other guidance for employers.

For more, click here.