When preparing to involuntarily terminate an employee, employers should consider the risk factors that may dictate the use of a separation agreement. For example: Is the employee in a protected class (age, race, religion, color, sex, national origin, mental or physical disability, veteran status)? Has the employee recently engaged in protective activity (such as taking […]
The Notice of Proposed Rulemaking announced by the Department of Labor on March 7 ,if implemented, will raise the threshold for overtime eligibility so that employees will have to earn at least $35,308 a year ($679 a week) in order to be exempt from overtime pay for any hours worked over 40 in a workweek. […]
Patients with one of 21 specified medical conditions may obtain a doctor’s recommendation for marijuana use in the forms of edibles, oils, patches or vaporizers. The conditions are: AIDS, ALS, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is […]
Every year employers struggle to cover for employees who are out sick with the flu, as well as germ control when sick employees come to work and spread their germs. Although mandatory flu vaccines are lawful, employers must make sure that their policy allows for exceptions to avoid running afoul of federal or state antidiscrimination […]
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to allow a qualified individual with a disability to perform the essential functions of his/her job unless an accommodation would impose an undue hardship on the employer. A “qualified individual” is defined as a person who can perform the essential functions of […]
The 6th Circuit Court of Appeals has ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a person’s transgender or transitioning status. The case at issue involved an individual (Anthony Stephens) who was born male and who worked at a funeral home in Michigan. Stephens advised the owner of […]
In this era of “me too”, “time’s up” and growing harassment challenges, it is imperative that employers check their anti-harassment policies and clearly communicate them with descriptions of behaviors that may constitute harassment and examples. Although recent media coverage has focused on sexual harassment, policies should also prohibit conduct that may be based on age, […]
Employers of 50 or more employees must grant eligible employees up to 12 weeks of job-protected unpaid leave for certain qualifying circumstances, including “care for the employee’s spouse, son, daughter, or parent with a serious health condition”. The law does not mention other relatives, such as siblings, grandparents, aunts, uncles, nieces, nephews, or other relatives. […]
In the case of Michelle Bruce v. Meharry Medical College a female physician (Dr. Bruce) filed a lawsuit against her employer (the Medical College) alleging sex discrimination, a hostile work environment, and retaliation for reporting same. Dr. Bruce claimed that the college’s head of facilities, Dr. Ray, was dismissive of her and made belittling comments […]
The Deferred Action for Childhood Arrivals (DACA) program was established by an Executive Order of President Obama. The purpose of the program was to provide temporary legal status and work authorization to undocumented people who initially entered the United States as children. To qualify for the program, qualified individuals had to submit to extensive background […]
