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Pressing Questions on Reasonable Accommodations under the ADA and FMLA

XpertHR • April 17, 2019
Navigating employee disability issues and providing reasonable accommodations is often incredibly challenging for employers who must comply with the ADA, FMLA and various state and local laws.

U.S. DOL Releases New Proposed Overtime Rule Setting Minimum Salary for Overtime Exemption at $35,308

Brody and Associates, LLC • April 17, 2019
On Thursday, March 7, 2019, the Wage and Hour Division of the U.S. Department of Labor (DOL), published a long-awaited Notice of Proposed Rulemaking (NPRM) to revise the “white-collar” overtime exemption regulations and replace the Obama Administration’s controversial proposal. The DOL’s proposed rule increases the minimum salary threshold required for workers to qualify for the Fair Labor Standards Act’s (FLSA) white-collar exemption from $23,660 per year ($455 per week) to $35,308 per year ($679 per week). The previous rule, which was proposed in 2016 under the Obama Administration, would have raised the threshold to $47,476 per year ($913 per week). That proposed increase never came to fruition as it was temporarily enjoined by a Texas federal judge in November 2016 before being permanently blocked in August 2017.

Music to Your Ears? Court Rules Bose Can Gather Your Music Listening Habits

Jackson Lewis P.C. • April 17, 2019
According to a recent decision from a federal district court in Illinois, Bose Corp. may monitor and collect information about the music and audio files consumers choose to play through its wireless products and transmit that information to third parties without the consumers’ knowledge. Such action does not violate the federal Wiretap Act or the Illinois Eavesdropping Statute. As such, the Court granted Bose’s motion to dismiss the plaintiff’s class action claims.

Minnesota Supreme Court Expands and Contracts Human Rights Act Coverage in Two Decisions on Disability Discrimination

Ogletree Deakins • April 17, 2019
The Minnesota Supreme Court recently issued two decisions affecting employers in the state. In one, the high court overruled a 30-year-old precedent that excluded disabilities covered by the Minnesota Workers’ Compensation Act from the disability discrimination provisions of the Minnesota Human Rights Act.

Kentucky Adopts Pregnant Workers Act

Jackson Lewis P.C. • April 17, 2019
Beginning June 27, 2019, Kentucky employers must provide reasonable accommodations to employees who are limited due to pregnancy, childbirth, and related medical conditions, unless it would impose an undue hardship on the employer to do so.

Maine Enacts Pay Equality Law Banning Salary History Inquiries

Ogletree Deakins • April 17, 2019
Governor Janet Mills of Maine signed a pay equality bill into law on April 12, 2019, that bans employers from asking job applicants about their salary histories and broadens existing wage transparency requirements.
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