Labor & Employment Law Navigator

Key Issues, Developments and Strategies Affecting Your Workforce

Drug Testing for Unemployment Applicants May Be Coming Soon

By Brian Kelly on September 5, 2019

Under a new rule being advanced by the U.S. Department of Labor, applicants for unemployment benefits may soon have to pass a drug test in order to receive benefits. The rule, which has been a source of significant controversy, recently moved closer to becoming a reality when the DOL sent it to the federal budget oversight office for final approval. President Trump has expressed support for the DOL’s proposed rule, which would allow states to…

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Labor Department’s Latest Move Aims to Expand Religious Exemption For Federal Contractors

By Christina Niro on August 22, 2019

Last week, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) published a proposed new rule broadening the religious exemption to its equal employment opportunity regulations. The proposed rule is based on OFCCP’s stated perception that religious organizations are “reluctant to participate as federal contractors because of uncertainty regarding the scope of the religious exemption.” LGBTQ advocates are lambasting the move by the Trump Administration as a deliberate attempt to engage in taxpayer-funded discrimination.…

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Exclusion from Male Executives’ Social Group Is Not Enough to Prove a Claim of Sex Discrimination

By Carl H. Gluek on August 8, 2019

Recently, a Federal District Court in the Middle District of Tennessee held, in Marie Hastings v. First Community Mortgage, that a female former Human Resource Director’s claim of sex discrimination was not established simply by the fact that she had been excluded from a social group of male executives, even though she alleged in her complaint that company decisions were made at these social meetings without any input from females. According to the plaintiff,…

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DOL Provides Guidance for Employers Seeking to Avoid FLSA Liability

By Michael N. Chesney on July 25, 2019

As previously reported in the Labor & Employment Law Navigator, the Wage and Hour Division (WHD) of the Department of Labor reinstituted its practice of issuing opinion letters in April of last year. Recently issued opinion letters continue to provide helpful guidance for employers on a number of wage and hour issues. Certain Paralegals May Be Properly Classified As Exempt In Opinion Letter FLSA 2019-8, the WHD addressed the issue of whether paralegals employed…

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Revisiting Agreements to Shorten the Time Period For Filing Employment Lawsuits

By Ryan T. Smith on July 19, 2019

As many of our readers know, the employment realm is comprised of various state and federal laws, each with their own time limitations (or “statute of limitations”) within which a plaintiff must bring a claim. For many types of claims, however, the statute of limitations is not absolute: it can be shortened by a signed agreement from the employee, in an employment contract, an arbitration agreement, or even an employment application. In a number of…

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Drug Cost Transparency Rule Blocked

By Keith A. Ashmus on July 10, 2019

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Employers who pay for health benefits for their employees are painfully aware of the impact rising drug prices and drug utilization have on their plan costs. In May, the Trump Administration, through the Centers for Medicare and Medicaid Services (“CMS”), issued a new rule requiring drug companies, effective on July 9, 2019, to include wholesale or list prices in all ads for drugs where the monthly cost is likely to exceed $35.00. Although based upon…

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Employers Must Act Promptly To Raise Administrative Exhaustion Defenses Under Title VII

By Jonathan Scandling on June 28, 2019

In Fort Bend County v. Davis, the U.S. Supreme Court ruled that the EEOC charge filing requirement under Title VII of the Civil Rights Act of 1964 is not a “jurisdictional” bar to litigation, but instead is a claim-processing rule subject to waiver if the defendant-employer fails to raise an affirmative defense at the appropriate point in the pleadings. While Title VII requires individuals to file a charge with the EEOC (or the applicable…

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Is Congress Ready To Expand LGBTQ Rights Under Federal Employment Laws?

By Brian Kelly on June 14, 2019

Several high-profile U.S. Senators have stepped forward in recent days to express their support for the expansion of federal anti-discrimination laws to provide protection from discrimination based on sexual orientation and gender identity. These supporters include Senators Cory Booker (D-N.J.), Bernie Sanders (I-Vt.), Kamala Harris (D-Calif.) and Kirsten Gillibrand (D-N.Y.). This issue has been debated for years, but it took on increased significance just a few weeks ago when the U.S. House of Representatives passed…

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McPherson Contractors owner pleads guilty in $346M fraud abusing Federal Veteran Entrepreneurship Programs

By Frantz Ward Construction Group on June 11, 2019

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If you have ever questioned why there are so many regulations pertaining to certification as a minority, woman and/or veteran owned small business or why the applications are so extensive and complicated, here is your answer. Per a June 3rd press release from the U.S. Attorney’s Office for the Western District of Missouri, Topeka, Kansas based contractor, Matthew C. McPherson, has pled guilty to defrauding the federal government by bidding on and accepting payment for…

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Ohio House Adds Citizenship Question to Workers’ Compensation Budget Bill

By Michael C. Nunnari, Jr. on June 10, 2019

Last week, the Ohio House of Representatives passed the proposed workers’ compensation budget for the next two years, but not before a controversial amendment was added at the last minute. The budget bill, or House Bill 80, was amended to require injured workers to identify themselves as either a U.S. citizen, non-citizen authorized worker, or an illegal or unauthorized alien when filing a workers’ compensation claim in Ohio. While the amendment does not go so…

Labor & Employment Law Navigator

Key Issues, Developments and Strategies Affecting Your Workforce

Blog Authors

Drug Testing for Unemployment Applicants May Be Coming Soon

Labor Department’s Latest Move Aims to Expand Religious Exemption For Federal Contractors

Exclusion from Male Executives’ Social Group Is Not Enough to Prove a Claim of Sex Discrimination

DOL Provides Guidance for Employers Seeking to Avoid FLSA Liability

Revisiting Agreements to Shorten the Time Period For Filing Employment Lawsuits

Drug Cost Transparency Rule Blocked

Employers Must Act Promptly To Raise Administrative Exhaustion Defenses Under Title VII

Is Congress Ready To Expand LGBTQ Rights Under Federal Employment Laws?

McPherson Contractors owner pleads guilty in $346M fraud abusing Federal Veteran Entrepreneurship Programs

Ohio House Adds Citizenship Question to Workers’ Compensation Budget Bill

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