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Seventh Circuit Rules That Title VII Covers LGBT Job Bias

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.

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Department of Labor Issues New Overtime Rule

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. 

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TAGS: Employment Law, Labor & Employment Law, Wage & Hour
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Employers Still Making OWBPA Mistakes

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.     

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NLRB DEALS ANOTHER BLOW TO COMMON EMPLOYER POLICY

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.    

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CONTACT: Kasey L. Bond

EEOC and OSHA Ask: Is Your Workplace Transgender Neutral? UPDATE

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:

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Supreme Court Expands Employees’ Religious Accommodation Rights

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. 

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TAGS: Employment Law, Religion Discrimination, Title VII

What Can Employers Learn From Deflategate?

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. 

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TAGS: Employment Law, Investigation, Labor & Employment Law

EEOC and OSHA Ask: Is Your Workplace Transgender Neutral?

The widely discussed Bruce Jenner interview has been a media sensation but for employers there are more important recent stories on transgender issues in the workplace. Last month, the EEOC issued a ruling that Title VII was violated by the Army when it refused to allow a transgender, male-to-female, civilian employee to use the women’s common restroom.   

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Wearable Technology – Should Employers Be Concerned?

With the announcement of the April 24 release date for the long anticipated Apple Watch (http://www.cnet.com/products/apple-watch/), this is a good time for employers to consider the topic of wearable technology. 

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Gender Identity Requirements for Federal Contractors

New Rules for Federal Contractors:

On December 3, 2014, the Department of Labor announced a Final Rule changing OFCCP’s regulations so that they prohibit discrimination based on, and require treatment of applicants and employees without regard to, sexual orientation or gender identity.  These final rules were issued as a result of President Obama signing an executive order in July, 2014, extending workplace protections to lesbian, gay, bisexual and transgender (LGBT) Americans in the federal contracting workforce. 

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CONTACT: Paul D. Dorger

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