May 2018 Newsletter

Former New Orleans Saints cheerleader Bailey Davis has filed a complaint with the EEOC accusing her former employer of having one set of rules for its male players, and another for its female cheerleaders. The Saints fired Davis after it claimed she violated a rule prohibiting cheerleaders from appearing in photos nude, semi-nude, or in lingerie. She had posted a photo of herself in a one-piece outfit to her private Instagram. The New York...
Of course he does!   If you're a religious organization in a fight with the U.S. Department of Labor over whether your volunteers are really "employees" under the Fair Labor Standards Act, then the Reverend Ernest Angley has just done you a big favor. Watching the Reverend on TV used to be one of my guilty pleasures in the 1980s. Once you see this video from the beginning of his old show, you will understand why: Over the years I'd...
Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination.  In third place: disability discrimination. Employers should expect retaliation claims to continue to lead the pack.   To give you an idea, in just the past two weeks, Coral Gables Trust...
Last week, the Department of Labor Wage and Hour Division resumed its practice of publishing Opinion Letters. One of the first it published answers an interesting question about the intersection of the FLSA and the FMLA.   Must an employer pay an employee for FMLA-approved breaks taken during the work day?   I’ve taken some journalistic license and paraphrased the questions. The answers, however, are verbatim from the DOL Opinion Letter FLSA2018...
You may recall Juli Briskman, the biker that flipped the finger to Trump’s passing motorcade, and lost her job after a photo she posted went viral. Ms. Briskman is not taking her termination lying down. In what appears to be a deep-funded and well-orchestrated campaign, she has filed suit in Virginia state court against her ex-employer. Briskman’s claim is an interesting one: “Forcing Plaintiff to resign out of fear of unlawful retaliation by...
Michelle Bailey worked in the human resources department of Oakwood Healthcare. During her maternity leave, her immediate supervisor and others assumed her responsibilities, and discovered certain deficiencies in how she performed her job. Discovery of those deficiencies led the supervisor to review Bailey’s qualifications as set forth in her employment application. That review, in turn, uncovered an application Bailey had submitted for a...