Imagine a business that gives its employees two days off each week. There’s nothing abnormal about that. However, the company uses a sex-based policy to determine which two days an employee can pick. Only men can select full weekends off—women cannot. Instead, female employees can pick either two weekdays off…
Dijares, CC BY-SA 4.0, via Wikimedia Commons Two wage and hour posts in a row! And this one has an 80’s hair metal track (with a Milton Berle cameo) to back it. So, cut off your sleeves and sing along as we talk about rounding time under the Fair Labor…
By Terry Foote – I took this photograph while attending a Spring Training game, CC BY-SA 4.0, Link Because who is going to click if I had titled this post, “The Third Circuit clarifies when compensable work is the ‘integral and indispensable.'” But, now that you’re here, you might as…
TL;DR: Yes. But, working overtime must be an essential function of the job. Here’s an example from a recent Fifth Circuit decision. The plaintiff worked as a detention officer. One of the requirements for the job of detention officer was to “work overtime as required,” including “up to sixteen (16)…
The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both. To the same individual. Here’s more from the EEOC press release:…
Employment lawyers often quip that they could walk into a workplace and spot at least one violation of the Fair Labor Standards Act (FLSA), the federal law governing the payment of overtime pay at not less than time and one-half the regular rate of pay for all hours worked over…
Yes, alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform the job’s essential functions with or without accommodation. An employer can…
I promised you a doozy today, and I plan to deliver! About a year ago, a federal jury in Texas concluded that a flight attendant’s sincerely-held religious beliefs (specifically, those underpinning her pro-life stance on abortion) unlawfully motivated her labor union and employer to discriminate against her. How mad was…
Or, more precisely, my oldest son and I will be traveling from Philly to Cincinnati to watch the Marlins take on the Reds in a 12:35 matinee. I have no particular vested interest in the game other than clear skies and, perhaps, an adult beverage. Dinner recommendations for after the…
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the new Pregnant Workers Fairness Act (PWFA), released proposed regulations for public comments. 275 pages of them. But I only needed the first eight or so to realize that the PWFA, which requires covered employers to…