September 2017 E-Update
To Celebrate Our 70th Anniversary, Shawe Rosenthal Has a New Look
Court Finds Long Term Leave Is Not a Reasonable Accommodation
According to the U.S. Court of Appeals for the Seventh Circuit, “A multimonth leave of absence is beyond the scope of a reasonable accommodation under the [Americans with Disabilities Act],” a position that is directly contrary to that of the Equal Employment Opportunity Commission…..Read More.
Breastfeeding Is Covered by the Pregnancy Discrimination Act
The U.S. Court of Appeals for the Eleventh Circuit held that breastfeeding mothers are protected by the Pregnancy Discrimination Act (PDA)….Read More.
New E-Verify Participation Poster
Increased Minimum Wage for Government Contractors
Employer’s Posting of Side Letter Next to NLRB Notice Was Improper
An employer’s posting of a side letter next to an official National Labor Relations Board Notice was found to minimize inappropriately the effect of the Notice….Read More.
Firing for Refusal to Sign an Unlawful Confidentiality Agreement Violates the NLRA
Terminating an employee who refused to sign a confidentiality agreement that unlawfully prohibited the employee from engaging in protected activities under the National Labor Relations Act was illegal, according to the U.S. Court of Appeals for the Second Circuit….Read More.
Ability to Assign Hours May Be Sufficient to Establish Supervisory Status
According to the U.S. Court of Appeals for the Third Circuit, a foreman’s ability to assign hours of work may be sufficient authority to render him a supervisor for purposes of Title VII liability….Read More.
Court Rejects DOL’s Dual Jobs Regulation Interpretation
The U.S. Court of Appeals for the Ninth Circuit rejected the Department of Labor’s revised interpretation of the dual jobs regulation, which addresses the Fair Labor Standards Act’s tip credit provision in the situation where an employee works two different jobs for the employer – one tipped and one not….Read More.
Our President is not shy about staking out controversial positions, and this is carrying over into the public discourse. And these conversations can and do occur in the workplace. So what can a private employer do about controversial discussions – tied to race, politics, gender, etc – in the workplace? ….Read More