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"Clean-Shaven" Policy May Not Be So Clean

Brody and Associates, LLC • April 24, 2014
Religious dress and grooming practices became news late last year when popular clothing store Hollister fired a Muslim employee for wearing a hijab, an Islamic religious headscarf. Initially, the employee was asked to wear headscarves in Hollister colors which she did. After several months, a district manager was in the store and did not like the scarf. The employee was told the headscarf violated the company dress code and she would be removed from the schedule if she did not stop wearing it. When she did not comply she was fired. The District Court agreed with the employee and the Equal Employment Opportunities Commission, that the termination violated Title VII of the Civil Rights Act of 1964.

New DOL FMLA Branch Chief: Expect Even More On-Site FMLA Investigations and Focus on Systemic FMLA Compliance Issues

Franczek Radelet P.C • April 24, 2014
This past December, the Department of Labor quietly turned its FMLA enforcement over to a new leader. After the retirement of FMLA Branch Chief Diane Dawson, who led the DOL’s FMLA enforcement for several years, the DOL turned to longtime DOL FMLA policy guru Helen Applewhaite to head up the agency’s FMLA efforts.

California District Court Re-Certifies Chinese Daily News Wage and Hour Class Action After Second Trip To Ninth Circuit

Littler Mendelson, P.C. • April 24, 2014
On April 15, 2014, in Wang v. Chinese Daily News, Inc., a California federal district court re-certified a Rule 23(b)(3) California state law wage and hour action involving a class of 200 non-exempt employees who alleged their employer routinely required them to work more than 40 hours per week without paying overtime, denied rest and meal breaks, improperly compensated for unused vacation pay, miscalculated the regular rate, and issued inaccurate wage statements.

Supreme Court Upholds Michigan Voters' Ban on Race Conscious Admissions

Littler Mendelson, P.C. • April 24, 2014
On April 22, 2014, the United States Supreme Court, in a 6-2 decision (with Justice Kagan recused), upheld a Michigan ballot initiative that amended the state constitution to prohibit the use of race conscious admissions policies at state universities. The case, Schuette v. Coalition to Defend Affirmative Action, (Case No. 12-682), concerned whether, and in what manner, voters in a state can prohibit consideration of such race conscious policies. In a fractured opinion, the Court held that the voter-approved amendment did not run afoul of the Equal Protection clause of the Fourteenth Amendment, and that the electorate is the proper entity for deciding these questions.

Claims in Pennsylvania Lawsuit Alleging En Masse Defection of Employees as “Sabotage” Survive Dismissal

Jackson Lewis P.C. • April 24, 2014
A U.S. District Judge in the Eastern District of Pennsylvania has allowed several claims to proceed to trial following a motion for summary judgment by defendants in Ozburn-Hessey Logistics, LLC v. 721 Logistics, LLC, et al, No. 12-0864 (April 4, 2014). The allegations in the case go beyond the typical defection of an employee or two to join a competitor.

San Francisco Bay Area Employers Must Comply with Commuter Benefits Program by September 30, 2014

Littler Mendelson, P.C. • April 24, 2014
Covered San Francisco Bay Area employers without an already-existing and compliant commuter benefits plan have until September 30, 2014, to select at least one of four commuter benefit options, notify employees of how to take advantage of the benefits, and register with the Bay Area Commuter Benefits Program (CBP).

Florida Supreme Court Finds State Law Bans Pregnancy Discrimination

FordHarrison LLP • April 24, 2014
Executive Summary: The Florida Supreme has held that the Florida Civil Rights Act's (FCRA) prohibition against discrimination on the basis of sex includes discrimination based on pregnancy. See Delva v. The Continental Group, 2014 Fla. LEXIS 1316 (April 17, 2014). In reaching this conclusion, the Court noted that pregnancy is a "natural condition and primary characteristic unique to the female sex." The Court's decision resolves a split of authority among the lower courts on this issue.
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