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A federal appellate court recently ruled that a university did not have to accommodate the disability of a professor seeking tenure by relaxing the tenure requirements or giving her a second chance to satisfy them.

It’s a reminder that employers can require individuals to perform the essential functions of the job and can refuse to promote (or hire) individuals who cannot meet the position’s requirements.

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Suppose you commonly reimburse employees for certain expenses like mileage, meals, or equipment. Suppose instead of paying them the usual rate of “x,” you decide to pay them significantly more, like maybe “4x” for those expenses. Can you do so and exclude those payments from the employee’s regular rate of pay if they work overtime? Continue reading

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Credit: Lori Chavez-DeRemer on Instagram

If you had your money on President-Elect Trump selecting a pro-labor Republican with support from several unions to run the U.S. Department of Labor, you and I should go to Vegas together so I can ride your coattails. Continue reading

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Earlier this month, the U.S. Department of Labor issued an opinion letter concluding that, under certain circumstances, an employee may use leave under the Family and Medical Leave Act (FMLA) to treat a serious health condition when treatment is provided as part of a clinical trial.

Let’s explore why. Continue reading

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In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading

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Wikipedia says that déjà vu is the phenomenon of feeling as though one has lived through the present situation before. Last Friday, a Texas federal judge vacated a U.S. Department of Labor 2024 Rule that raised the minimum salary level to be exempt from the Fair Labor Standards Act overtime rules on July 1, 2024 (and would have done so again on January 1, 2025).

If this sounds familiar, it should. In 2016, a Texas federal judge did the same thing.  Continue reading

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