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OFCCP Publishes Directive on Gender Identity and Sex Discrimination

FordHarrison LLP • August 21, 2014
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has published a Directive on Gender Identity and Sex Discrimination (DIR 2014-02). The Directive clarifies that agency guidance on discrimination on the basis of sex under Executive Order 11246 includes gender identity and transgender status. The Directive is available on the OFCCP web site at: http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html.

No Coverage for the Cantankerous? The Ninth Circuit Goes "Retro" In Finding "No Disability"

Littler Mendelson, P.C. • August 21, 2014
In Weaving v. City of Hillsboro,1 the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a “disability” within the meaning of the 2008 amendments to the Americans with Disabilities Act (ADA). The Ninth Circuit held that the former officer was not disabled, because his ADHD – and associated abrasive behavior toward colleagues – did not substantially limit him in the major life activities of working or interacting with others. Before the amendments to the ADA, this decision might not have been noteworthy. Given the far more expansive interpretation of “disability” under the 2008 ADA Amendmendts Act (ADAAA), however, the Weaving case assumes the aura of a “Man Bites Dog” story by resisting the tendency of courts to err on the side of finding threshold protection under the ADAAA.

Resistance WAS Futile—California Conforms to ACA Waiting Period Requirement

Ogletree Deakins • August 21, 2014
After wandering in the wilderness for a year, California has now come in from the cold and conformed its requirements for eligibility waiting periods to the federal standard adopted in the Affordable Care Act (ACA). Effective January 1, 2015, SB 1034 imposes a 90-day limit on eligibility waiting periods for insured health benefits issued by insurers subject to regulation by the California Department of Insurance and/or the California Department of Managed Health Care.

Employer Required to Reimburse Employees for Personal Cell Phone Use Despite Unlimited Minutes Plans

Ogletree Deakins • August 21, 2014
Cell phones are ubiquitous. At some companies, employees use their personal phones to make business calls. Does an employer need to “pay” for that use of the phone, even if the employee did not incur any extra expenses for doing so? Yes, according to an appellate court in a recent California case, Cochran v. Schwan’s Home Service, Inc., Court of Appeal of California, Second Appellate District, Division Two, No. B247160 (August 12, 2014).

Minimum Wage Forecast: Developments in Springfield and Chicago, and What It Means for Employers

Franczek Radelet P.C • August 21, 2014
Across the country, at the local, state, and federal levels, elected officials have considered increasing the minimum wage. Illinois and Chicago have been no different. Over the past year, the General Assembly and the Chicago City Council have raised the issue, studied the potential impact, and introduced legislation. At times, the process has been difficult to follow. This update will explain the pending legislation, and what employers can expect in the near future.

CA Governor Signs Two Wage-Hour Bills

Shaw Valenza LLP • August 20, 2014
Governor Jerry Brown signed a couple of wage-hour laws, which will take effect 1/1/15. Neither is earth-shattering, but affected employers take note:
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