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Overtime Can Be An Essential Job Function

Jackson Lewis P.C. • June 20, 2018
A recent decision from the District Court for the District of Nebraska serves as a reminder that overtime can be an essential job function. See McNeil v. Union Pac. R.R._ 2018 U.S. Dist. LEXIS 85250. On May 21, 2018, Union Pacific Railroad Company’s (“Union Pacific”) motion for summary judgment was granted and the Court determined that it did not have to grant an emergency dispatcher’s request to be exempt from overtime to accommodate her depression and anxiety because working overtime in emergency situations was an essential element of her job.

Eleventh Circuit Doesn’t Give a Hoot About Prior Settlement Agreements

Ogletree Deakins • June 20, 2018
On June 19, 2018, in Haynes v. Hooters of America, LLC, 2018 WL 3030840 (11th Cir. 2018), the Eleventh Circuit Court of Appeals eliminated a useful defense strategy in the website accessibility arena when it held that a business’s agreement to remediate its website in a prior, private settlement did not render moot subsequent actions seeking the same relief.

Do Unions Have A Place In The Gig Economy?

Fisher Phillips • June 20, 2018
When considering the place of unions in the gig economy, many jump to the conclusion that the National Labor Relations Act does not apply because gig workers are usually independent contractors. While it is true that the NLRA does not apply to independent contractors, businesses should not discount the ability of gig workers to find ways to bargain for certain working conditions and get similar protections.

Investigations in the #MeToo Environment: The Importance of Planning Before A Harassment Complaint

Littler Mendelson, P.C. • June 20, 2018
Jennifer Youpa, a shareholder in Littler’s Dallas office, and Kevin O’Neill, Senior Director of Littler’s Learning Group, discuss the importance of harassment complaint investigations in the #MeToo climate. As Jennifer and Kevin explain, investigatory responses can no longer be “one size fits all,” especially with the possibility of the viral disclosure of allegations or incidents through social media. In this podcast, Jennifer and Kevin reveal strategies and trends they have seen as they conduct training for employers on sexual harassment and related issues. They address the need for employers to plan various investigatory protocols well ahead of any complaints and how organizations can assess whether an external investigator may be beneficial.

District of Columbia Voters Approve Initiative to Phase Out Minimum Wage Tip Credit by 2026

XpertHR • June 20, 2018
Voters in the District of Columbia have approved a ballot initiative* that will, if enacted, gradually increase the minimum direct cash wage for tipped employees so that they receive the same minimum wage directly from their employer as non-tipped employees by 2026.

Vermont Attorney General Publishes Guide to Marijuana in the Workplace

Jackson Lewis P.C. • June 20, 2018
Vermont’s recreational marijuana law will take effect on July 1, 2018. (Click here for our previous blog summarizing this law and its impact on employers). On June 14, 2018, the Vermont Office of the Attorney General published the Guide to Vermont’s Laws on Marijuana in the Workplace. The Guide provides employers with an overview of the changes to Vermont’s marijuana laws, and summarizes existing employment laws relating to drug testing in the workplace.

Unionization Tactics in the Carolinas

Nexsen Pruet • June 20, 2018
The Carolinas remain the least unionized region in the United States. New jobs continue coming to the area’s employee-friendly environment. By contrast, unions are struggling to retain current members and to recruit new ones. Their fight for survival and relevance in today’s economy has fueled new tactics, as shown by recent union activity in the Carolinas.
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