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Employment Law

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.

Transfer can amount to adverse action–but it better be a long way away

08/02/2017
Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.

Employer–not disabled employee–gets to choose the reasonable accommodation

08/02/2017
When an employer offers a legitimately reasonable accommodations for a disabled employee, it has fulfilled its obligation under the law. It doesn’t matter if the employee wanted some other accommodation or wasn’t happy with the level of employer/employee interaction used to arrive at the accommodation.

House bill introduced to clarify joint-employer relationships

08/01/2017
The contentious issue of joint employment—in which two or more entities may be considered equally liable for employment law and labor law violations—will gain some clarity if bipartisan legislation introduced in the House of Representatives July 27 is enacted.

Court: ACA complaint can trigger retaliation claim

08/01/2017
Love it or hate it, the Affordable Care Act remains the law of the land. That means, after months of futile legislating on Capitol Hill, important health insurance decisions will be made by courts, not Congress.

Snapshot: Disabled employees earn less

08/01/2017
On average, earnings for disabled employees are more than 30% lower than employees without a disability.

DOJ says Title VII doesn’t cover LGBT bias

08/01/2017
On the same day President Trump tweeted that transgender individuals could no longer serve in the armed forces, the U.S. Department of Justice filed a friend-of-the-court brief arguing that federal law does not protect lesbian, gay, bisexual and transgender employees from workplace discrimination.

Cutting out accommodation may be retaliation

07/27/2017
The EEOC has just filed a lawsuit alleging an employer retaliated against an employee for complaining about discrimination by rescinding an existing religious accommodation.

DOL formally starts process of revising OT rule

07/27/2017
With the July 26 release of what’s known as a request for information, the U.S. Department of Labor officially began a new effort to rewrite the rules that determine which exempt employees qualify for overtime pay when they work more than 40 hours in a workweek.

Trump administration signals HR-related rulemaking priorities

07/25/2017
The Trump administration issued its first semiannual regulatory agenda on July 20, listing hundreds of issues it would seek to address using the executive branch’s rulemaking authority.