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May 2016 Newsletter

In preparing for the soon-to-be published revisions to the federal overtime regulations under Part 541 of the Fair Labor Standards Act (FLSA), one of the significant challenges employers face is continuing uncertainty as to what the new minimum salary threshold will be for the executive, administrative, and professional exemptions. The most likely number is $972 per week, which annualizes to $50,544. Why $972 per week? Because that is the...
A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance.1  This holding in Luis Castro-Ramirez v. Dependable Highway Express is unprecedented and likely to be appealed to the California Supreme Court.  Until there is a definite ruling on this issue from the California’...
A federal appeals court panel has come out with a decisioninterpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer. The Sheriff’s Department of Ulster County, New York, provided light duty for employees with work-related injuries but didn’t provide it for anyone else. Plaintiff Ann Marie Legg, a corrections officer at the County Jail, requested light duty for her...
My initial thought is that Executive Order No. 93 is a whole bunch of nothing cloaked as something. No. 1 – Regarding employment, the Governor encourages the legislature to reinstate public policy claims under the Equal Employment Practices Act, N.C. Gen. Stat. Section 143.422.2.  Fine. I was actually shocked they were taken away in the first place.  But there’s no change because he can only encourage. No...
The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the Fair Employment and Housing Act (FEHA), went into effect on April 1, 2016. In this blog series, we have highlighted some of the most significant aspects of the regulations that clarify an employer’s obligations in the workplace...
On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Background In January of 2013, Kelly Hance filled out an application for a conductor trainee position with BNSF Railway Company. On his application, cover letter, and resume,...
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