Fulfilling a promise by President Obama to ensure that direct care workers receive a “fair day’s pay for a fair day’s work,” the U.S. Department of Labor announced a final rule on September 17, 2013, extending the Fair Labor Standards Act’s minimum wage and overtime protections to most of the […]
Labor & Employment Law Update
Reminder to Employers: October 1st Exchange Notice Deadline
Under an amendment to the Fair Labor Standards Act (“FLSA”) by the Affordable Care Act, employers subject to the FLSA are required to provide their current employees with a Notice of Exchange by October 1, 2013, in order to make employees aware of their option to obtain health coverage through […]
Other State-Specific Developments
Iowa The Iowa Civil Rights Commission recently prevailed in a district court action alleging an apartment complex’s management company’s employees subjected two former tenants to harassment and other discriminatory treatment based on their sexual orientation. After a maintenance technician discovered the two men were sharing a one-bedroom apartment, he verbally […]
Supreme Court Issues Two Pro-Employer Title VII Decisions
On June 24, 2013, the United States Supreme Court, in two 5-4 decisions, narrowed the scope of employer-liability under Title VII of the Civil Rights Act of 1964 in retaliation and harassment claims. In each case, the Court rejected the broader standard for which the Equal Employment Opportunity Commission advocated. […]
Eighth Circuit Finds Pretext When Employer Fires Employee For Yelling But Did Not Ordinarily Fire Other Employees For the Same Reason
An employer can generally avoid liability in an age discrimination lawsuit if it can articulate a legitimate, non-discriminatory reason for its actions. Examples of legitimate non-discriminatory reasons for terminations are poor performance, misconduct and insubordination. Articulating a legitimate, non-discriminatory reason is an effective way to win summary judgment in a […]