Sometimes the accommodation request itself tells the whole story.
In a recent Fourth Circuit Rehabilitation Act decision, a federal air marshal asked to stay in a ground-based role permanently after medical conditions prevented her from flying. But in doing so, she also acknowledged that she could not perform the essential duties of the job she wanted to keep.
Can an employee secretly rack up overtime and sue for it later?
The Fifth Circuit says not without proof that the employer knew or should have known about those hours. Continue reading
Some employers try. The Fourth Circuit just explained why that trick doesn’t work for these federal discrimination claims. Continue reading
By now, you’ve likely seen coverage of the Missouri Attorney General’s lawsuit challenging Starbucks’ DEI initiatives.
The opinion’s value lies in its doctrinal clarity. It illustrates how established discrimination law applies when DEI-related practices are challenged — and what employers should consider to reduce legal risk when designing and implementing those programs. Continue reading
A manager allegedly makes racially inappropriate jokes. Months later, the company eliminates a position in a nationwide cost-cutting initiative and reduces an employee’s hours. So she sues for race discrimination, retaliation, and hostile work environment.
But she loses. Continue reading
If your FLSA exemption strategy depends on a minimum one- or two-day guarantee, this decision should get your attention.
The Fifth Circuit just rejected that structure under the statute’s salary-basis test. Continue reading
The job requirements were… a lot: craft-beer exams, choreography, flair tricks, social media posts, and a “weight proportional to height” standard. Oh, and a mechanical bull. Eighteen longtime bartenders said the whole thing skewed younger. The court said their lawsuit had a more basic problem. Continue reading
Many employers rely on hiring assessments to gauge fit. But what if those tools are viewed as unlawful lie detector tests? A recent Massachusetts ruling should give you pause before you rely on a “workstyle” assessment. Continue reading
Yesterday, the Department of Labor announced a new proposal on independent contractor classification. If finalized, the proposal would once again reshape how employers evaluate whether a worker is an employee or an independent contractor under federal law. Continue reading
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