Employment-ish FHA Decision

By John Alan Doran Amid the headlines of last week’s Supreme Court decisions was one applying disparate impact analysis to claims under the Fair Housing Act “FHA”. Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371. (We report on these FHA cases because FHA concepts frequently overlap with employment discrimination […]

DOL to Double Salary Test

By Bryan Stillwagon The DOL released its long-awaited Notice of Proposed Rulemaking to update the salary requirements for the FLSA’s white collar exemptions (e.g., executive, administrative, and professional employees). Some highlights of the Proposed Rule: Raise the standard salary level test from $455/week ($23,660 annually) to $970/week ($50,440 annually) (2016 figures) Raise the salary requirement […]

Supremes Tell States Gay Marriage is Legal

By John Alan Doran This morning, the U.S. Supreme Court struck down state laws the prohibit gay marriage in Obergfell v. Hodges, No. 14-556 (June 26, 2015), First, the Court held that the Fourteenth Amendment requires a State to license a marriage between two people of the same sex. Second, the Court held that the […]

A GINA Whodunit

By Joe Hunt Someone repeatedly defecated in the warehouse and the employer conducted an investigation. Two employees were at work at the time of the foul conduct; the employer ordered them to give a DNA sample – by submitting to a cheek swab. A laboratory then compared the employees’ DNA to DNA from the feces. […]

Uber Driver Gets Tips and Tolls

By Doug Towns Employers that rely primarily on independent contractors continue to come under scrutiny. Recently, an Uber driver, Barbara Anna Berwick, brought a suit under California law arguing that she should be reimbursed for various expenses, including tolls and parking tickets, associated with her personal car that she used to carry Uber customers. Contending that […]

Medical Marijuana Still “Unlawful”

By Bill Wright The Colorado Supreme Court considered whether a state law prohibiting discrimination based on an employee’s “lawful” off-work activities applies to the employee’s use of medical marijuana as permitted under state law. Coats v. Dish Network, No. 13SC394 (Colo. June 15, 2015). Everyone agrees the plaintiff made a sympathetic case. He is a […]

The NLRB Reinstates Liar

By Patrick Scully In its seemingly unending quest to reverse long-settled employer defenses, the National Labor Relations Board (“NLRB” or “Board”) has instructed an Administrative Law Judge to reconsider his decision denying reinstatement to an employee fired for dishonesty. The employee had been improperly denied a Weingarten representative in an investigatory interview. However, the employee […]

Supremes Say Abercrombie Not So Hip

By John Alan Doran The U.S. Supreme Court just issued its much-awaited religious discrimination decision in EEOC v. Abercrombie & Fitch, 575 U.S. ___ (June 1, 2015) (No. 14-86). Samantha Elauf applied for a job with A&F and was denied the job because she wears a headscarf or “hijab” as part of her faith. A&F […]