January 2018 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS DOL Rescinds Restrictive Intern Test and Adopts Federal Courts’ Version The Department of Labor has announced that it will no longer apply its restrictive test for internship status, and instead will apply the more flexible “primary beneficiary” test adopted […]

The U.S. Court of Appeals for the 10th Circuit rejected the EEOC’s position that, under Title VII, an employer must provide an accommodation that completely eliminates any conflict between an employee’s religious needs and work requirements. At the same time, the Tenth Circuit noted that, depending on the circumstances, an […]

The U.S. Court of Appeals for the Fourth Circuit joined the Third and Tenth Circuits in holding that an employer seeking to defend a claim under the Equal Pay Act must offer evidence that not just could, but actually does in fact, explain the pay discrepancy. The Equal Pay Act […]

The U.S. Court of Appeals for the Eighth Circuit stated that, “Title VII does not impose a legal obligation to provide an employee an articulated basis for dismissal at the time of firing, and an employer is certainly not bound as a matter of law to whatever reasons might have […]

In December 2017, Prince George’s County passed a law requiring employers to provide paid domestic violence leave to employees, effective May 24, 2018. The Earned Sick and Safe (ESS) Leave Act, (the title is confusing because it does not actually provide for sick leave), however, has now likely been preempted […]