More Employment Law News
Department of Labor Proposes New FLSA Regulations
June 30, 2015
The Department of Labor has proposed new regulations that would limit employer classifications of employees as exempt from the Fair Labor Standards Act regulations on minimum wage and overtime. The Department of Labor's announcement can be viewed here, and a new blog entry discussing the proposed FLSA changes is here.
Supreme Court Holds There Is a Constitutional Right to Same Sex Marriage
The Supreme Court ruled that the 14th Amendment requires that states license marriage between two people of the same sex and recognize marriages lawfully licensed and performed in other states. Read about What Employers Need to Know about Supreme Court Same Sex Marriage Ruling, according to the Wall Street Journal.
Medical Marijuana Law Does Not Protect Employees
Quadraplegic employee, who had permit for medical marijuana, failed random drug test and was fired. Medical marijuana use is legal under state but not federal law in Colorado. Colorado's Civil Rights Act includes a lawful activities statute that prevents employers from disciplining or firing employees for lawful off-duty conduct.
Supreme Court Decides Religious Accommodation Case
An employer that makes an employment decision with the motive of avoiding a religious accommodation violates Title VII. Teenage applicant was not hired because religious garb violated employer's dress policy. Whether the employer knows, or suspects, the need for accommodation, if the potential need for accommodation motivates a refusal to hire, it is illegal discrimination. For more information on religious accommodation, contact us.
Fifth Circuit Rejects FLSA Release
Generic employment releases in settlements of unrelated claims do not operate to release FLSA claims. Employer sued employees over non-competes and the parties reached a settlement. Private settlement of FLSA claims must resolve bona fide disputes about hours worked or compensation owed. Without mention or factual development of an overtime claim, the release was not enforceable. For more information regarding overtime claims, contact us.
Lizzette Palmer Selected for 2015 Best Lawyers in America
Lizzette Palmer chosen as one of the Best Lawyers in America © for Employment Law 2015.