Tag Archives: Employee Rights

Seventh Circuit Rejects Extended Leave as Reasonable Accommodation Under ADA

Employers in the retail sector are constantly faced with the balancing act of relying on their workforce to operate a profitable business while also managing employees who are unable to work at full capacity due to an illness or disability. The US Court of Appeals for the Seventh Circuit recently issued an opinion shedding some light on when leave constitutes reasonable accommodation under the ADA. … Continue Reading

Insurance Coverage for Employee Claims

In an important decision, the Second Circuit Court of Appeals ruled that an employer’s liability exclusion does not preclude coverage for claims brought by an employee of one insured against another insured. In a recent article in Lodging Magazine, Hunton & Williams LLP’s insurance coverage lawyers discuss the significance of the Second Circuit’s ruling. … Continue Reading

San Francisco Bans Employers From Asking Job Applicants About Salary History, 26 States Considering Similar Legislation

San Francisco is the latest jurisdiction to pass a law that prohibits employers from inquiring about prior salary history during hiring. New York City, Boston, Philadelphia, Pittsburgh and New Orleans already have similar laws, and in a concerning trend for employers, 26 states are currently considering such legislation. The San Francisco city ordinance went into effect … Continue Reading

ALJ Says Company’s Neutral Reference and Press Inquiry Policies Violate NLRA

A recent decision by an administrative law judge concerning the policies in the employee handbook of a nonunion real estate management company, takes an expansive view of what constitutes "concerted activity" under the NLRA and which employer policies could be interpreted to obstruct employees’ right to engage in concerted activity. … Continue Reading

Government Raising Awareness Regarding Religious Discrimination in the Workplace

Recently, the federal government has highlighted the issue of religious discrimination and accommodation in the workplace. Given the diversity of most workplaces, especially retailers, employers should be particularly sensitive to the potential risks of religious discrimination and harassment claims, as well as its obligations to accommodate reasonable religious-based requests for workplace changes.… Continue Reading

Employer Guidance in the Midst of Bathroom Politics

In the midst of the press and politics that surround the issue of bathroom policies and laws with respect to transgender employees, it is helpful to remember that government organizations have been issuing guidance to employers to assist them in dealing with these issues, especially in places where gender identity and expression constitute protected characteristics under anti-discrimination laws.… Continue Reading

EEOC’s New Policy – Employer’s Position Statement Shown to Employee

The Equal Employment Opportunity Commission has implemented nationwide procedures which require all EEOC offices to release copies of an employer’s entire position statement, together with all non-confidential documents submitted in support of the position statement, to an employee who has filed a discrimination charge, or his or her representative (including attorneys). These procedures apply to all position statements requested after January 1, 2016.… Continue Reading

EEOC Brings First Sexual Orientation Discrimination Lawsuits

On March 1, 2016, the United States Equal Employment Opportunity Commission sued employers for the first time for sexual orientation discrimination. The EEOC filed lawsuits in federal courts in Pittsburgh and Baltimore against manufacturing and health care employers for unlawful sex discrimination on behalf of employees alleging they were harassed and discriminated against based on their sexual orientation. … Continue Reading

Supreme Court Denies Review of Second Circuit Decision Compelling Court or DOL Approval of FLSA Settlements

As reported on the Hunton Employment and Labor Law Blog, the United States Supreme Court has denied a restaurant manager’s petition seeking review of whether parties may stipulate to the dismissal with prejudice of a lawsuit alleging violations of the Fair Labor Standards Act (“FLSA”), or whether judicial or Department of Labor (“DOL”) approval is … Continue Reading

Online Retailer and Delivery Vendor Sued as Joint Employers for Overtime Wages

Earlier this month, a group of former delivery drivers filed a putative collective action lawsuit against an online retailer and Courier Logistics Services, LLC. The case is pending before the United States District Court for the District of Arizona. The plaintiffs allege that the two companies willfully misclassified them as independent contractors and denied overtime pay properly due under the federal Fair Labor Standards Act. … Continue Reading
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