Browsed by
Category: Employment Law

Department of Labor Proposes New Overtime Rules

Department of Labor Proposes New Overtime Rules

Earlier this month, the Department of Labor announced its plans to establish a new rule that would allow millions of additional workers to earn overtime. Following an executive order by President Obama, who has advocated for increasing the wages of middle-class workers, the Department of Labor has proposed a rule that would increase the minimum salary necessary for a worker to qualify as exempt from the overtime rules. Under the federal Fair Labor Standards Act, all employees must receive overtime…

Read More Read More

Employer May Not Refuse to Hire Applicant Based on Suspicion of Need For Religious Accommodation

Employer May Not Refuse to Hire Applicant Based on Suspicion of Need For Religious Accommodation

Early last week, the U.S. Supreme Court handed down its decision in EEOC v. Abercrombie & Fitch Stores, Inc. In that case, a young Muslim woman who wore a hijab (a religious headscarf) to her interview was denied employment because the headscarf violated Abercrombie’s “look policy,” which did not allow head wear of any kind. Without discussing the policy with the applicant, Abercrombie simply denied her employment.  (For more about the facts of this case, see our previous post, How…

Read More Read More

New FMLA Regulations Expand Definition of “Spouse” to Include Same-Sex Spouses in All States

New FMLA Regulations Expand Definition of “Spouse” to Include Same-Sex Spouses in All States

Late last month, the Department of Labor issued a final rule that expands the definition of “spouse” for purposes of taking leave under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave to eligible employees for certain medical and caretaking reasons. Among those reasons, employees may take leave to care for a spouse with a serious health condition, care for…

Read More Read More

How Explicit Must a Request for Religious Accommodation Be?

How Explicit Must a Request for Religious Accommodation Be?

Abercrombie & Fitch is the subject of a religious discrimination lawsuit, after refusing to hire a young Muslim woman who wore a hijab – a religious headscarf – to her interview. In 2008, 17-year-old Samantha Elauf applied for a sales job with the famous retailer at one of its locations in Tulsa, Oklahoma. The store manager thought that Elauf was a good candidate for the position, but wasn’t sure if she could work for the store wearing the hijab. The…

Read More Read More

Are Employer-Mandated Vaccinations Legal?

Are Employer-Mandated Vaccinations Legal?

Disney made headlines this week after asking unvaccinated employees to get the measles vaccination before returning to work. This comes after news of a recent measles outbreak that can be traced back to the happiest place on earth, when an infected visitor arrived at the park back in December of 2014. Since then, the disease has quickly spread, infecting over 100 people in 14 states. In an effort to contain the spread of the disease, Disney has strongly encouraged its…

Read More Read More