Bill Wright The U.S. Supreme Court (“the Court”) today re-emphasized the “ministerial exception” to discrimination laws. The “ministerial exception” is a court-created doctrine that prevents the U.S. courts from becoming entangled in the internal governance and doctrines of religious organizations. In 2012, in Hosanna-Tabor Evangelical Lutheran Church and School v. USOC, the Court had affirmed […]
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The 11th Circuit Applies Young to Pregnancy Claims
By Carissa Davis The 11th Circuit Court’s recent decision in Durham v. Rural/Metro Corporation illustrates just how easy it is for a plaintiff to establish a claim under the Pregnancy Discrimination Act (PDA), despite the U.S. Supreme Court’s warning in Young v. UPS. In Young v. United Parcel Serv., Inc., 575 U.S. 206 (2015), the […]
As Economy Reopens, Colorado Paid Sick Leave Expands
By Brooke A. Colaizzi On the heels of Colorado Governor Jared Polis’ “Safer-At-Home,” Order designed to begin the opening of the Colorado economy, the Colorado Department of Labor and Employment amended the Colorado Health Emergency Leave With Pay (“HELP”) Rules to increase the paid sick leave available to employees in certain industries suffering or possibly […]
Families First Coronavirus Response Act Documentation and Recordkeeping Requirements
By Heather Vickles Leading up to the effective date of the Families First Coronavirus Response Act (FFCRA), one issue that remained unclear was what documentation employers can request from employees seeking leave under the FFCRA. The U.S. Department of Labor’s (DOL) temporary rule issued April 1, 2020, addresses this issue. The new DOL regulations require […]
SCOTUS Raises Bar on Contract Discrimination Claims
By John Doran Today the U.S. Supreme Court raised the bar on a wide-ranging Civil War Era statute that prohibits discrimination in the making and enforcement of contracts. Comcast Corp. v. National Association of African-American Owned Media (No. 18-1171, March 23, 2020) Congress enacted 42 U.S.C. Section 1981 in 1866 in order to ensure that former slaves enjoyed […]
COMPS Order Now Effective, Along With Some Unexpected Changes and Enforcement Measures
By Brooke Colaizzi and Carissa Davis The Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS Order”) is now effective, but with some last-minute changes and a temporarily modified enforcement scheme. This Order replaces Colorado Minimum Wage Order #35 and institutes significant changes concerning coverage, overtime compensation, and other important wage and hour issues. As the Order became […]
Colorado Adopts Emergency Paid Sick Leave
By Joe Hunt The Colorado Department of Labor and Employment adopted the Health Emergency Leave with Pay Rules, 7 CCR 1103-10, to limit the spread of the coronavirus (COVID-19). The emergency rules require employers in certain industries to provide up to four days of paid sick leave to any employee (a) with flu-like symptoms and […]
Ninth Circuit: An employee’s knowing violation of the FLSA is the employer’s willful violation, and you can’t necessarily collect from joint employers
By Matt Hesketh and Lindsay Hesketh A staffing company (Company A) got into hot water with the DOL for failing to pay overtime. Scalia v. Employer Solutions Staffing Group, LLC, No. 18-16493 (March 2, 2020). The employees at issue were placed by a second company (Company B). Company B instructed Company A’s payroll employee to pay […]
Ninth Circuit: Prior Pay Rate Not a Defense to Unequal Pay
By James Korte On February 27, 2020, the United States Court of Appeals for the Ninth Circuit issued its opinion in Rizo v. Yovino, No. 16-15372 (9th Cir. Feb. 27, 2020) (Rizo II). The Ninth Circuit ruled that “factors other than sex,” an affirmative defense to the Equal Pay Act (EPA), include only job-related factors, […]
Retroactive Exception to Employer’s Policy Is Not a Reasonable Accommodation Under the ADA
By Lindsay H. S. Hesketh The Fifth Circuit recently affirmed summary judgment against an employee caught sleeping at his desk. A personnel manager for a security company suffered from Type II diabetes and had previously requested and received reasonable accommodations, but none involved the employee’s potential loss of consciousness due to diabetes. After two reports […]