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ten most recent federal employment law articles Ten Most Recent Federal Articles

Thoughts On Payroll By Exception and Weekly Time Sheets

Franczek Radelet P.C • May 25, 2016
In a recent blog post, Wage and Hour Administrator David Weil tries to underplay employer concerns about the new overtime exemption rules, including worries about the difficulty of tracking time for employees who are not used to recording their hours, stating:

SCOTUS Rules Resignation Triggers Statute of Limitations in Constructive Discharge Cases

Goldberg Segalla LLP • May 25, 2016
Federal and private-sector employers alike should take note of yesterday’s decision by the U.S. Supreme Court in Green v. Brennan. The issue in Green was whether a federal employee’s claim of discrimination in a constructive discharge case was triggered by the last act of alleged discrimination by the employer or by the date on which the employee resigned. The Supreme Court reversed the Tenth Circuit decision and held that the statute of limitations in a constructive discharge case begins to run on the date the employee resigns because that is the date when the employee has a “complete and present cause of action.”

Supreme Court: Constructive Discharge Limitations Period Begins with Notice of Resignation

Jackson Lewis P.C. • May 25, 2016
The U.S. Supreme Court has ruled that the statute of limitations for an employee’s Title VII constructive discharge claim begins on the date of the employee’s notice of resignation. Green v. Brennan, No. 14-613 (May 23, 2016).

Supreme Court Tells EEOC It May Be on the Hook for Fees if It Does Not Fulfill Its Statutory Pre-Suit Duties

Franczek Radelet P.C • May 25, 2016
Title VII of the Civil Rights Act of 1964 (Title VII) authorizes the award of attorneys’ fees to a party who prevails in a discrimination or retaliation claim brought under that statute. Although this fee shifting provision applies to both employee plaintiffs and employer defendants, courts routinely award fees to prevailing plaintiffs but have interpreted this provision to allow prevailing defendants to recover fees only in the rare case where the plaintiff’s claim was frivolous or unreasonable. Last week, in a helpful decision for employers, the U.S. Supreme Court clarified that a defendant-employer does not necessarily need to prevail “on the merits” of a discrimination lawsuit to be entitled to fees.

Labor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities

Jackson Lewis P.C. • May 25, 2016
The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees. Islamic Saudi Academy, Case 05-RC-080474 (May 12, 2016).

EEOC Releases Employer Wellness Programs Final Rules

XpertHR • May 25, 2016
The Equal Employment Opportunity Commission (EEOC) issued final rules on employer wellness programs. The final rules address employee protections under the Americans With Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The EEOC worked closely with the Departments of Labor, Treasury and Health and Human Services to ensure consistency with existing privacy protections under the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act (ACA).

Companies Feeling Pressure to Confirm they Pay Employees “Equally”

Jackson Lewis P.C. • May 24, 2016
Increasingly, high-profile companies in the tech industry are feeling the pressure to publicly share employee pay information and address any existing “pay gaps.” This has led to a number of recent press releases from Silicon Valley employers proclaiming “equal pay” within their organizations.

Join EEOC Commissioner Chai Feldblum and me for a Webinar on the EEOC's New Resource on Leave as an ADA Reasonable Accommodation

Franczek Radelet P.C • May 24, 2016
Earlier this month, the EEOC issued a technical assistance resource on leave as an ADA reasonable accommodation under the ADA. I am delighted that EEOC Commissioner Chai Feldblum will join me for a webinar to take a deep dive into the information provided in the EEOC’s resource and apply the technical assistance to a variety of real-life scenarios.

Top 5 Takeaways From Webinar on Final DOL Overtime Exemption Rule

Franczek Radelet P.C • May 24, 2016
Thank you to those who attended today’s webinar, “New DOL Overtime Exemption Rules – What You Really Need to Know Now.” We hope that everyone enjoyed the presentation and learned information that will assist in getting your organization ready for compliance.

Will the DOL’s Final Rule Amending Overtime Regulations for ‘White Collar’ Workers Apply to Puerto Rico?

Jackson Lewis P.C. • May 24, 2016
On the same day the U.S. Department of Labor released its Final Rule updating regulations under the Fair Labor Standards Act (“FLSA”) governing overtime exemptions for executive, administrative, and professional employees (commonly known as the “white collar exemptions” or “EAP exemptions”), a bill was introduced in the U.S. House of Representatives that would delay implementation of the Final Rule in Puerto Rico for at least two years after enactment of the bill, until certain conditions are met. (For details on the Final Rule, see our article, Labor Department Announces Final Rule Amending Overtime Regulations for ‘White Collar’ Workers.)