October 2017 E-Update


Click here to view entire E-Update as a PDF


Baltimore City Enacts Displaced Service Workers Protection Ordinance

The Baltimore City Council recently passed a bill that grants broad protections to service employees working on contracts that are taken over by a new company…..Read More.

Trump Administration Reverses Course on Transgender Discrimination 

On October 4, 2017, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys, stating that, going forward and contrary to its previous stance, it is the Department of Justice’s position that Title VII’s prohibition on sex discrimination does not encompass discrimination based on gender identity…..Read More.

Employer’s Effective Response to Harassment Complaint Undermines Title VII Claim

In a case that highlights the importance of a prompt and effective response to complaints of harassment or discrimination, the U.S. Court of Appeals for the 4th Circuit tossed an employee’s Title VII claims…..Read More.



EEOC Releases New Resource Document on Harassment

The Equal Employment Opportunity Commission has issued a new document in its “What You Should Know” series for employees: “What to Do if You Believe You Have Been Harassed at Work.”….Read More.

Post-Termination Payback of Outstanding Commission Draw Violates FLSA

While a draw against future commissions is lawful, requiring a salesperson to pay back outstanding draws constitutes a violation of the Fair Labor Standards Act, according to the U.S. Court of Appeals for the 6th Circuit….Read More.

Court Confirms Payment Required for Breaks Less Than 20 Minutes

An employer’s creative attempt to avoid payment for break time by recasting it as “flexible time“ was rejected by the U.S. Court of Appeals for the 3rd Circuit….Read More.

TOP TIP: Preparing for and Responding to Harassment Claims – A Roadmap

As discussed above in McKinney v. G4S Government Solutions Inc., an employer’s preparation for and response to an employee’s harassment complaint can make all the difference when addressing employee concerns and in defending against a claim if litigation ensues. The actions of the employer in that case provide a good roadmap (with a few editorial additions) for others….Read More