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Dykema Labor & Employment Law Blog

Dykema Labor & Employment Law Blog

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Two New California Employment Laws To Take Effect in January

On October 12, 2017, Governor Brown signed two new laws that take effect January 1, 2018, that will affect California employers. Senate Bill (SB) 63 mandates that small businesses provide 12 weeks of baby bonding to employees. Assembly Bill (AB) 168 bans employers from inquiring about a job applicant’s salary history. Read More ›

Sixth Circuit Rules That Consistent Enforcement of Zero-Tolerance Policy Wins the Day

Earlier this week, a unanimous Sixth Circuit Court panel affirmed a district court’s summary judgment ruling in favor of an employer and a union where two terminated employees asserted they had been selectively discharged under a strict company policy and their union failed to fairly represent them when declining to pursue arbitration. Read More ›

Seventh Circuit Confirms That Americans With Disabilities Act Does Not Require Extended Medical Leave as Accommodation

The Americans with Disabilities Act (ADA) does not require employers to give workers more leave after their Family and Medical Leave Act allotment runs out, the Seventh Circuit said recently. The Court ruled that employers could fire a worker who requested an extended leave shortly before his scheduled return. It affirmed its prior holdings on this issue, holding that a multi-month additional leave is not a reasonable accommodation under the ADA. In this murky area for employers, the Seventh Circuit provided a degree of certainty regarding the interplay between the ADA and FMLA. Read More ›

New FLSA Regulations Dealt a Knock-Out Blow

As we reported in November 2016, a federal court issued a preliminary injunction halting the implementation of the proposed changes to the FLSA’s overtime exemptions just before they were to take effect on December 1. On August 31, 2017, the same court issued another decision definitively holding that the Department of Labor exceeded its authority in issuing those regulations and thereby permanently enjoining them. In doing so, the court clarified its prior holding and gave the new Administration a clear license to go back to the drawing board and draft new regulations consistent with the underlying law. Read More ›

Good News for Employers: Additional EEOC Reporting Requirement on Pay Information Has Been Put on Hold Indefinitely

The Office of Management and Budget (“OMB”) announced on August 29, 2017, that the pending deadline for covered employers to submit pay data to the Equal Employment Opportunity Commission (“EEOC”) has been suspended indefinitely. Employers had been facing a deadline of March 31, 2018, to submit this additional pay information. In its memo to the EEOC, OMB stated that it would be “initiating a review and immediate stay of the effectiveness of [the pay data collection] aspects of the EEO-1 form.” Read More ›

Chicago City Council and Cook County Pass Mandatory Paid Sick Leave Ordinances. How Employers Should Prepare to Comply by July 1, 2017

On July 1, 2017, the City of Chicago and Cook County’s Paid Sick Leave Ordinance takes effect. We previously blogged about this topic here.  

To recap, the new Ordinances would require most Cook County and Chicago employers to provide the following sick leave benefits: Read More ›

Is “Comp-Time” in the Private Sector Just Over the Horizon?

Earlier this week, the U.S. House of Representatives passed, by a 229-197 margin, the Working Families Flexibility Act (HR 1180). The Act, if passed by the Senate and signed by the President, will introduce the concept of “compensatory time” (a/k/a “comp-time”) to the private sector workplace. Under the Fair Labor Standards Act, comp-time has existed in the public sector for many decades, but absent the passage of this Act, it is not permissible in the private sector. Read More ›

New FLSA Regulations Enjoined!

We have posted several blog entries regarding the FLSA regulations announced in May that drastically increased the minimum salary threshold for most executive, administrative and professional employees from $455 per week (or $23,660 per year) to $913 per week (or $47,476 per year). Late Tuesday afternoon, the United States District Court for the Eastern District of Texas granted a motion brought on behalf of 21 states and supported by business groups led by the United States Chamber of Commerce to preliminarily enjoin the new overtime exemption regulations set to go into effect on December 1, 2016.  

The Elements for Preliminary Relief Were Satisfied by the States

At the outset, the court had to determine if the states will “likely succeed on the merits” as the case is further litigated, and if a permanent injunction is on the horizon. The states’ case was premised on both constitutional and statutory grounds. The court concluded that while the states’ constitutional claims were unlikely to succeed, their statutory arguments appeared strong and likely to succeed.  Read More ›

One Down, One to Go: Courts Weigh In on Enjoining DOL Persuader and FLSA Exemption Rules

Over the course of the last year, the U.S. Department of Labor promulgated two controversial regulations triggering court challenges. One rule–known as the “Persuader Rule”–was set to require employer consultants and lawyers to file disclosure reports of any union avoidance activities they engage in, even if that activity was purely advisory in nature and did not involve direct contact with employees. The other rule regards the changes to the overtime exemption regulations, which are set to increase the salary threshold for exempt status from $455 per week to $913 per week, and then to automatically adjust that threshold every three years. Read More ›

Follow Up: EEOC Releases Revised EEO-1 Form Which Now Tracks Employee Pay Data

Earlier this year, this blog discussed the EEOC’s proposed rule that would require employers to report additional pay data as part of their annual “Employer Information Report EEO-1” (EEO-1) form submissions. The EEOC and Office of Federal Contract Compliance Programs (OFCCP) use the EEO-1 form to collect data from private employers, federal contractors and subcontractors about their employees. It is an established report that all employers with 100 or more employees are required to submit to the EEOC on an annual basis. On September 29, 2016, the EEOC announced the approval of a revised EEO-1 form. Beginning with the 2017 report (which must be filed in March 2018), the EEOC will collect additional summary pay data that it had not previously collected from employers with 100 or more employees. Read More ›