Seventh Circuit Rules That Sexual Orientation is a Protected Class Under Title VII
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit ruled that a part-time math instructor at Ivy Tech Community College in Indiana could sue her former employer under Title VII of the Civil Rights Act of 1964 for failing to promote, then terminating, her because she is a lesbian. Title VII protects an individual from discrimination in employment based on that individual’s “race, color, sex, or national origin,” but it does not specifically delineate that . . . Read More
Far Reaching Impact of DOL’s Increase to FLSA Salary Thresholds
Beginning on December 1, 2016, employees who are salaried and classified as exempt administrative, professional or executive employees must make at least $922 dollars per week or $47,476 per year to remain exempt from the overtime requirements of the Fair Labor Standards Act, in addition to meeting the duties requirements of the exemption. This regulatory change more than doubles the current salary threshold of $455 per week and is likely to significantly increase the cost of doing business. While many . . . Read More
Employer Potentially Responsible for Employee’s Shooting Rampage
By Corey Argust What Kind of Risk Might Employers Face Because of an Employee’s (Unexpected) Behavior? On September 15, 2016, the U.S. District Court for the District of Columbia allowed claims of negligent supervision and retention to proceed against the government contractors who employed the person responsible for the 2013 mass shooting at the Washington Navy Yard. DeLorenzo v. HP Enterprise Services, LLC, et al., Case 1:15-cv-00216-RMC (D.D.C. Sept. 15, 2016). In denying motions to dismiss the claims of negligent supervision . . . Read More
What You Need to Know About Fair Pay and Safe Workplaces Executive Order Implementation
The Federal Acquisition Regulation and related Department of Labor Guidance required to implement Executive Order 13673, Fair Pay and Safe Workplaces, were published on August 25, 2016 (Final Rule and Guidance). With over 200 pages of implementing regulations, many contractors are finding it difficult to determine what they need to know now to be prepared for its implementation. After all, contractors will be required to report violations of over 14 labor laws during the proposal process and on SAM, track . . . Read More
How Much Disability Accommodation Leave Do You Have to Provide to Employees? Questions Remain Despite New EEOC Guidance
By Corey Argust For some time, federal courts have concluded that granting leave to an employee may be a reasonable accommodation for a disability under the Americans with Disabilities Act (“ADA”). On May 9, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding when and how employers must grant leave under the ADA. The guidance marks the first time since 2002 that the EEOC has provided additional insights on the often-confusing requirements for providing leave to employees . . . Read More
No Advance Notice is Required to Terminate At-Will Employment in Virginia
By Ambi Biggs On June 2, 2016, the Virginia Supreme Court resolved a split among the lower courts and the federal district courts in Virginia regarding the notice employers are required to provide at-will employees prior to terminating them. In Johnston v. William E. Wood & Associates, the plaintiff worked at a real estate services firm for 17 years as an at-will employee. When her employer terminated her without any advance notice, she brought suit, alleging that she was wrongfully discharged . . . Read More
How Many of Your Employees Will Now Be Entitled to Overtime? DOL Doubles Salary Requirements for Exempt Employees
We’ve been waiting for months for the Department of Labor (“DOL”) to release its final regulations making changes to the Fair Labor Standards Act (“FLSA”) overtime exemptions, Part 541, and today, the wait came to an end. As expected, the final rule includes a significant increase in salary threshold and a method to automatically increase the threshold every three years. Following are the highlights you need to know to be the master of the watercooler (or staff meeting) this week . . . Read More
Missing a Wage Determination in a SCA-Covered RFP? Ask for It.
By Megan Connor I recently participated in a webinar regarding Service Contract Act (“SCA”) compliance and during the webinar, a number of participants noted instances where a request for proposal (“RFP”) or solicitation did not include the relevant wage determination (“WD”), even though the agency otherwise incorporated the SCA clauses into the RFP. If you face a similar circumstance, you should be aware of your rights. First, the applicable regulations make clear that contracting officers—not contractors—are required to determine if the . . . Read More
Employer Policy Critical to Defense Against FMLA Liability
A well-crafted employer policy, and whether it was followed, is often just as important to the outcome of a dispute with an employee as the law itself. This is why attorneys constantly trumpet the need to update policies regularly and abide by them. There is no better example of this than a case recently decided by United States District Court for the Southern District of New York. In Graziadio v. Culinary Institute of America, et al., No. 13-cv-1082 (NSR) (S.D.N.Y . . . Read More
Paid Sick Leave for Federal Contractors is One Step Closer to Reality
By Corey Argust For employers, it seems like every time you turn around there is a change in the law or regulations to add to the list of compliance challenges. Federal contractors can now add paid sick leave to that list. On February 25, 2016, the Department of Labor (“DOL”) released its proposed rule for providing employees working on federal contracts with sick leave. The proposed rule would implement Executive Order 13706, which President Obama signed on September 7, 2015. . . . Read More