April 2019 Newsletter

How much were you paying attention to employment law news this month? Take our quiz, and find out! As always, the answers appear at the end of each question, and if you cheat, I'll never know.  Ready? Here we go! No. 1: One of the people caught up in the college admissions scam was a big partner in a big law firm. The firm announced Wednesday that the partner's firm management duties have been taken away and that he has been...
Every one of you employs at least one of these employees — you know, the one who: requests medical leave because of, let’s say, his uromysitisis poisoning(clearly, an FMLA-qualifying condition); butwants to use his accrued paid leave instead of tapping into FMLA?He might even get indignant, insisting that the law allows him to choose either FMLA leave or ordinary sick leave to cover an absence clearly covered by the FMLA. How do...
On March 14, 2019, Keith Sonderling, the acting administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL) issued an opinion letterclarifying the DOL’s position on designating and taking leave under the Family and Medical Leave Act (FMLA) and placing the department at odds with the Ninth Circuit’s Escribadecision...
By now you've likely heard that the Department of Labor announced its intent to increase the qualifying salary threshold for its white collar exemptions from $455 per week ($23,660 annually) to $679 per week ($35,308 annually). I'm here to tell you that this increase just doesn't matter. Why? Because for an employee to qualify as exempt, he or she still must meet one of the various white-collar duties tests. Administrative: The...
I work in HR at a large, California-based company with branches across the country. We pride ourselves on our diverse and inclusive workforce, and encourage employees to self-identify their race/ethnicity and sex. Last year a number of employees left the "sex" and "race" categories blank, saying they were too limiting. This year I'd like to amend the forms to include a "non-binary" option in addition to "male" and "female," and an "other"...
Harassment claims continue to dominate the legal news, but the Second Circuit recently reminded us that workplace harassment extends far beyond sex and gender. The Circuit recently joined several sister circuits recognizing that a plaintiff can pursue a claim for harassment based on disability under the Americans with Disabilities Act (“ADA”), clearing up any doubt regarding the Circuit’s position on the matter.  Fox v. Costco...