November 2018 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS DOL Releases New Opinion Letters: Tipped Employees and Non-Tipped Work, Hourly/Daily/Shift Compensation for Exempt Employees, and More The Department of Labor (DOL) has released four new opinion letters on the Fair Labor Standards Act (FLSA). Opinion letters respond to […]

Applying a totality of circumstances test to examine the economic reality of the relationship between a for-profit vocational school and its students, the U.S. Court of Appeals for the Tenth Circuit found the students were not employees under the Fair Labor Standards Act. In Nesbitt v. FCNH, Inc., the Tenth […]

The National Labor Relations Board found that an employer violated the National Labor Relations Act when it implemented a rule requiring employees to wear flame-resistant clothing at all times without providing notice or an opportunity to bargain to the Union. In Orchids Paper Products Company and United Steel, Paper and […]

The U.S. Court of Appeals for the Fifth Circuit deferred to the Secretary of Labor’s interpretation of the Occupational Safety and Health Act enabling the Secretary to issue a citation to a general contractor at a multi-employer worksite for hazards affecting only subcontractors’ employees. Under OSHA’s multi-employer policy, a “controlling […]

A federal court held that overnight on-call work may be an essential job function, and an employee’s request to be excused from that work was not a reasonable accommodation. In Porter v. Tri-Health, Inc., the hospital required its radiology department sonographers to share overnight on-call on a rotating basis. Although […]

A supervisor’s denial of voluntary overtime after learning that his subordinate reported his sexual harassment of her was a tangible employment action for which the employer was liable, according to the U.S. Court of Appeals for the Fourth Circuit. Under Title VII, an employer is strictly liable for a supervisor’s […]

The Age Discrimination in Employment Act’s 20-employee trigger for coverage does not apply to state entities or political subdivisions, according to the U.S. Supreme Court, resolving a federal appellate circuit split on the issue. Under ADEA, “employer” is defined as “a person engaged in an industry affecting commerce who has […]