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IAML Insights

April 17, 2015

The Equal Employment Opportunity Commission has issued a proposal to provide guidance on how to structure an employee wellness program without running afoul of the Americans with Disabilities Act. The proposed rule would amend ADA regulations and interpretive guidance as they apply to programs that use incentives to encourage employee...

April 16, 2015

On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a divided panel had reversed a district court’s summary judgment award in Ford’s favor. Factual Overview Jane Harris worked for...

April 16, 2015

As if the administrative burden of the new DC Wage Theft law notice requirement was not enough, we have learned that the Department of Employment Services (DOES), without much fanfare, has begun a program of knocking on employers' doors, unannounced, and asking to inspect non-public portions of their workplaces for compliance with the posting...

April 15, 2015

On the day the National Labor Relations Board's contentious "ambush" election rule took effect, members of the House and Senate introduced bills to preserve elements of the previous and long-standing representation election process.  The Workforce Democracy and Fairness Act, introduced in the House by Education and the Workforce Committee...

April 14, 2015

Reversing a district court decision, and declining to follow decisions from a number of other courts, including the Fourth and Fifth Circuits, the Ninth Circuit has deferred to the Department of Labor's (DOL) "flip-flopped" view of whether the FLSA's exemption for "any salesman, partsman, or mechanic primarily engaged in selling or servicing...

April 14, 2015

On March 18, 2015, the U.S. District Court for the District of Columbia ruled on a motion to dismiss in a case that will have potentially serious consequences for D.C. employers that include written whistleblower and other anti-retaliation policies in their employee handbooks. In Leyden v. American Accreditation Healthcare Commission, Christine...