October 2023 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS Cemex Alert! Employer Ordered to Bargain Despite Winning Its Union Election In our August 28, 2023 E-lert, we warned employers that the National Labor Relations Board’s decision in Cemex Construction Materials Pacific would be game-changing. One of the key […]

As employers with Maryland employees seek to assess the economic impact of the forthcoming paid family and medical leave mandate, one question has been – what is the contribution rate? And the Maryland Department of Labor has now announced that it will be .90% of an employee’s covered wages, equally […]

In a case in which an employee accused the higher-level manager who terminated him of being a “cat’s paw” for his allegedly racist first line supervisor, the manager’s independent review of the circumstances to support his decision wholly undercut the employee’s claim. “Cat’s paw” is an idiom meaning someone who […]

And employees must be qualified to perform those essential functions, as the U.S. Court of Appeals for the Eleventh Circuit recently held. In Lewis v. Union Home Mortgage Corp., a loan officer suffered a stroke. Following his recovery, he worked as a loan officer for one company, CMS, then applied […]

Although we have recently discussed the federal appellate courts’ expansion of Title VII liability to cover actions short of “ultimate employment decisions,” it is important to note that the challenged actions must still have some material impact, as the U.S. Court of Appeals for the Seventh Circuit recently reiterated. In […]

In seeking to simplify the analysis of a “factor other than sex” under the Equal Pay Act (EPA), the U.S. Court of Appeals for the Second Circuit has complicated the matter by breaking from its sister Circuits. The EPA prohibits pay discrimination on the basis of sex for equal work […]