On Tuesday, the Seventh Circuit sitting en banc announced its decision in Hively v. Ivy Tech Community College of Indiana, creating a circuit split and setting the stage for a potential Supreme Court battle over the scope of Title VII.
The annual NCAA Basketball Tournament, a/k/a March Madness, starts today. More on that below but there is another kind of “March” for employers to be concerned about.
As anticipated, the Department of Labor’s (DOL) final overtime rules were issued on May 18, 2016. Effective December 1, 2016, these new regulations will impact all companies with salaried employees earning less than $47,476 annually. KMK will be offering training sessions to assist our clients in developing effective strategies to implement the new overtime rules.
This week, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) released a finalized recordkeeping rule that becomes effective January 1, 2017. Under the final rule, certain employers are required to electronically submit data regarding work-related injuries and illnesses. Impacted employers are already required to collect and record this data under OSHA regulations. However, now, this employer injury and illness data will be public. Once OSHA removes personal identifying information of employees, the data will be posted on OSHA’s website.
The Second Circuit’s decision to reinstate the NFL’s four game suspension of Tom Brady has been in the news this week. To those of us who handle arbitration on a regular basis, it came as no surprise. However, employers who arbitrate cases pursuant to a collective bargaining agreement, or who have or are considering arbitration programs, should not be overly concerned.
One of the most common requests that I receive as an employment attorney is to review severance offers. I’ve had these kinds of requests from friends, relatives, acquaintances and (on rare occasions) clients and I seldom turn them down. I have probably handled hundreds of reductions in force for various corporate clients so I like to see how others handle them. In the past month, I have reviewed two severances packages and both failed to follow the requirements of the Older Workers’ Benefit Protection Act (“OWBPA”). I was not at all surprised. If I had to guess, I would say that over 50% of the severance offers I’ve reviewed over the years are not in compliance with the OWBPA.
On December 24, 2015, the NLRB ruled that an employer’s policy prohibiting employees from recording images or verbal exchanges in the workplace was unlawful.
I recently wrote about OSHA’s plan to develop and distribute information to ensure transgender employees have safe and adequate access to workplace restrooms. This week, OSHA issued “Best Practices - A Guide to Restroom Access for Transgender Workers,” with the stated Core Principle that “[a]ll employees, including transgender employees, should have access to restrooms that correspond to their gender identity.” The OSHA Guide notes the following:
When I think of Abercrombie & Fitch, which is an infrequent occurrence, I think of soft core porn catalogues and over-priced t-shirts; now, I can add religious discrimination to the list. The Supreme Court ruled this week against Abercrombie & Fitch for refusing to hire a young Muslim because she wore a hijab, which violated the store’s “look policy” for salespersons.
Unless you’ve been out of the country or purposely avoiding news about sports, you’ve probably heard a lot about “Deflategate” and the punishment handed down by the National Football League (NFL) against the New England Patriots and star quarterback Tom Brady. The short version of the scandal is that during the AFC Championship game on January 18, 2015, some of the New England Patriots’ game footballs were discovered to be underinflated, which could provide a competitive advantage to a quarterback by making them easier to grip.
KMK's Management Rights Blog will focus on labor and employment law issues, developments, and musings. We will cover issues and developments in our home state of Ohio and beyond. We are management side lawyers and this blog will focus on the management perspective, which is often ignored or misrepresented in main stream press reporting of labor and employment law developments.
Your participation in the blog through suggestions, requests, comments and criticisms is welcomed. We will try to respond to any emails we receive, time permitting. If we refer to comments we receive in future posts, we will not attribute them without permission.
- Older Workers' Benefit Protection Act (OWBPA)
- Transgender Issues
- Workplace Accommodations
- Electronically Stored Information
- Equal Opportunity Clause
- Department of Labor
- Affirmative Action
- Anti-Theft Screening
- Compensable Time
- Security Screening
- Split of Authority
- Supreme Court
- Pregnancy Discrimination
- Title VII
- Pregnancy Discrimination Act
- Occupational Safety and Health Administration
- E-Discovery Case Law
- Electronic Data Discovery
- Rule 26
- Rule 34
- Employment Settlement Agreements
- Unemployment Insurance Integrity Act
- Employment Litigation
- Gender Identity Discrimination
- Sexual Orientation Discrimination
- Disability Law
- Judge Beckwith
- Reasonable Accommodation
- Return to Work
- Seniority Rights
- Attendance Policy
- Sixth Circuit
- American Medical Association
- Class Action Litigation
- Federal Minimum Wage
- Fair Minimum Wage
- Fair Labor Standards Act
- Wage Increase
- State Minimum Wage
- Posting Requirements
- Job Description
- Americans with Disabilities Act
- National Labor Relations Board
- Media Policy
- Employer Rules
- Employer Policies
- Employer Handbook
- Equal Employment Opportunity Commission
- Equal Pay
- Genetic Information Discrimination
- National Origin Discrimination
- Race Discrimination
- Religion Discrimination
- 2012 Charge Statistics
- Disability Discrimination
- Disability Leave
- Family and Medical Leave Act
- Privacy Laws
- Social Media Content
- Social Networking Sites
- Labor Law
- Environmental Law
- Sexual Harassment
- National Labor Relations Act
- Employment Law
- Employment Incentives
- HIRE Act
- Social Security Tax
- Healthcare Reform
- Social Media
- Workplace Violence
- Wage & Hour
- Collective Action
- Labor & Employment Law
- L&E Movie Reviews
- Seventh Circuit Rules That Title VII Covers LGBT Job Bias
- The Madness of March
- Department of Labor Issues New Overtime Rule
- The Modernization of OSHA: Electronic Reporting of Workplace Injuries
- The Tom Brady Decision - Arbitration Lessons for Employers
- Employers Still Making OWBPA Mistakes
- NLRB DEALS ANOTHER BLOW TO COMMON EMPLOYER POLICY
- EEOC and OSHA Ask: Is Your Workplace Transgender Neutral? UPDATE
- Supreme Court Expands Employees’ Religious Accommodation Rights
- What Can Employers Learn From Deflategate?