This Spring the EEOC Is Hot on Disability Discrimination

April 27, 2018 |

In January, the EEOC announced that Lowe’s Home Centers agreed to pay $55,000 to settle a disability discrimination lawsuit.  According to the EEOC, Lowe’s failed to reasonably accommodate a department manager with a disability that substantially limits the use of his right arm.  The employee was promoted to a department manager in 2008, and Lowe’s […]

The DOL Has Brought Back Opinion Letters

April 19, 2018 |

During the Obama administration, the DOL stopped providing opinion letters in favor of adopting “Administrator Interpretations.”  But, now they are back. In January, the DOL reissued 17 previously withdrawn opinion letters; and last week, the U.S. Department of Labor (DOL) issued two opinion letters – the first since 2009. Opinion letters can be a great […]

Leave Under the ADA Not a Guarantee

April 13, 2018 |

The Americans with Disabilities Act (ADA) Is Not a Leave Act, Or Is It?   This week the US Supreme Court let stand a decision from America’s heartland that has been closely watched. The Severson case arose from an employee with a back issue who had surgery at the end of his FMLA leave and […]

WWYLD – 4/10/18 – The DOL’s New Approach for Tip Pooling

April 10, 2018 |

Just a few days ago, the Department of Labor (“DOL”) issued a bulletin that speaks to the DOL’s changed position with regard tip pooling.  As readers with tipped employees know, tip pooling is the practice of sharing tips amongst employees. Historically, the Fair Labor Standards Act (“FLSA”) stated that tip pooling was only permissible if: […]

WWYLD 4/5/18 – Is the Worker an Independent Contractor or Employee?

April 5, 2018 |

Yesterday, Tim Kenneally wrote about the interaction of the federal and state laws.  As Tim explained, anytime both federal and state laws apply, the law that affords the employee the most protection is the law that controls.  In Tim’s blog, the applicable laws addressed exempt versus non-exempt classifications.  But, there are many, many situations in […]

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