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As we have focused on in this week’s articles, it is no secret that the current administration is pushing much more pro-business policies compared to the Obama administration. For example, as we previously wrote about, federal agencies under Trump’s administration have taken steps and issued guidance aimed at narrowing the circumstances under which a business could be held liable for violations committed by staffing agencies, contractors and franchisees under the federal Fair Labor Standards Act
Back in January, we reported that the Department of Labor’s Wage and Hour Division (WHD) was reviving the agency’s practice of issuing opinion letters at the request of employers.  The WHD stopped the practice of issuing opinion letters under the Obama administration back in 2010.  After nearly a decade, the WHD finally issued new opinion letters on April 12.  Below we will discuss two of the letters.…
Regardless of your political leaning, it is fair to say that national headlines over the past few weeks have been dominated by sexually charged topics. For instance, a porn star known as Stormy Daniels recently gave an extensive interview on the TV newsmagazine show “60 Minutes,” detailing an alleged extramarital affair with President Trump (Yes, I did say porn star). And, a former Playboy Playmate, Karen McDougal, sued a tabloid publisher, purportedly so she could…
Tax reform legislation is certainly one of the hottest topics in the media. Among others, several of the pressing questions regarding the proposed legislation are: Will it pass? If so, who will receive tax relief (and who won’t)? It goes without saying that many Americans are paying close attention to these questions because it may affect the amount of money they take home.…
The recent case of Carroll v. Comprehensive Women’s Health illustrates the importance of circumstances and perception when terminating a “sympathetic” employee. Indeed the opinion reads like a case study of facts and circumstances that are unfavorable for the employer. And those “bad” facts are what the court focused in on – rather than evidence that was submitted – in refusing to dismiss the plaintiff’s disability discrimination claims, and thus permitting the case to proceed to…
Employers should take note of the position Fox News is in due to the proliferation of recent lawsuits against the network by numerous current and former employees. To be clear and fair, the lawsuits only involve allegations at this time – nothing has been proven at trial, or otherwise.  Indeed, Fox News has denied the allegations.  However, the common intertwined theme throughout all the lawsuits is that Fox News tolerates harassment, discrimination and retaliation
As we have previously reported, under the Obama administration, the Equal Employment Opportunity Commission (EEOC) has aggressively sought to expand the breadth of the agency’s authority to collect employee pay data and other private company information. Similarly, the EEOC has sought to expand the scope of federal civil rights laws in a number of areas, such as enforcing protections for transgender employees and applying Title VII to sexual orientation-based harassment.…
It is no secret that last summer the Department of Labor (DOL) proposed substantial amendments to the white collar exemption regulations. Namely, the DOL proposed raising the minimum salary threshold from $23,660 to $50,440 and to automatically increase the salary threshold on an annual basis based on inflation or other factors. Well, the amended rules are expected to be published soon – just last week, the DOL sent the proposed final rules to the White…
A federal appeals court recently revived a former employee’s gender discriminatory discharge claim even though there appeared to be legitimate reasons for her termination. The decision suggests that employers take a big picture look at termination decisions based on a specific instance of misconduct rather than a more narrow view assessing the misconduct at issue within its own proverbial bubble.…
For those interested in the origin, the term “cat’s paw” derives from a fable of a monkey who employs flattery to convince a cat to pull chestnuts out of a fire. Today the term commonly refers to a person used unwittingly or unwillingly by another to accomplish the other’s own purpose. In the employment discrimination context, an employer can be liable under a cat’s paw theory if an employee is terminated, suspended, etc. because of…