March 2023 E-Update

The US Department of Labor and its Office of Federal Contract Compliance Programs announced several matters of significance to federal contractors and subcontractors this month. These include the following: Rescission of Religious Exemption Rule. The OFCCP has rescinded a controversial rule, “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious […]

A manager who chose to conduct her own investigation into a harassment complaint, rather than following her employer’s reporting protocol, did not have a valid retaliation claim, according to the U.S. Court of Appeals for the Seventh Circuit. In Alley v. Penguin Random House, the employer established a harassment reporting […]

The U.S. Court of Appeals for the 1st Circuit recently held that a “relational” analysis test must be used to determine if an employee meets the administrative exemption to the Fair Labor Standards Act’s minimum wage and overtime requirements, and clarified its application. The FLSA requires the payment of an […]

Employers should be aware that the National Labor Relations Act is actively working to inform employees about their rights under that law, and not always in a neutral way. A recent initiative is a new “Know Your Rights” card series. These tri-fold cards, in English and Spanish, are available to […]

The Equal Employment Opportunity Commission says “yes,” but a number of federal appellate courts disagree, including most recently the U.S. Court of Appeals for the Fifth Circuit, which asserted that “the EEOC’s proposed course of action turns the shield of the ADA into a sword, casting the equally reasonable expectation […]

Addressing the question for the first time, the U.S. Court of Appeals for the Third Circuit held that paid time off is not part of an employee’s salary under the Fair Labor Standards Act and, thus, deductions from an exempt employee’s PTO bank are not improper reductions in salary. The […]