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BT Currents - Hot Topics in Employment Law

11 Dec Unanimous Supreme Court Denies Compensation for Time Spent in Security Checks

On Dec. 9, 2014, U.S. Supreme Court issued a unanimous decision that the Fair Labor Standards Act (FLSA) does not require an employer to pay its employees for time spent undergoing security screenings at the end of their shifts. Justice Thomas wrote the Court’s opinion in Integrity Staffing Solutions, Inc. v. Busk, with Justice Sotomayor filing a concurring opinion which Justice Kagan joined. Barnes & Thornburg has issued an Employment Alert on this case which can be found here.  This case has been closely watched…

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22 Sep CAUTIONARY TALE FOR PUBLIC EMPLOYERS – REMEMBER THE FIRST AMENDMENT

  When a public employee makes unpopular public statements, the employer must remember that the employee’s statements could be protected by the First Amendment. On September 15, 2014, the Firth Circuit Court of Appeals in Christian Cutler v. Stephen F. Austin State University affirmed the trial court’s ruling that the University and four University officials had no immunity from a First Amendment retaliation claim. Cutler, the University’s Director of Art Galleries, received an invitation from a member of Congress to judge a high school art…

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11 Aug OFCCP PROPOSES RULE TO COLLECT COMPENSATION DATA FROM FEDERAL CONTRACTORS

  On August 6, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking requiring certain federal contractors to submit an annual Equal Pay Report on employee compensation. Under the proposed rule, Companies that file EEO1 reports, have more than one hundred employees and hold federal contracts or subcontracts worth more than fifty thousand dollars would need to submit an Equal Pay Report each year to the OFCCP. The Equal Pay Report would “provide summary data…

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27 Jun U.S. District Court Strikes Down Indiana’s Ban On Same-Sex Marriage

  On June 25, 2014, U.S. District Judge Richard Young ruled that Indiana’s ban on same-sex marriage violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.  Judge Young’s decision in Baskin et al v. Hogan et al can be found here. Indiana Attorney General Greg Zoeller has requested a stay of Judge Young’s decision pending an appeal. In the meantime, local Indiana courts have starting issuing marriage licenses to same-sex couples.   Unless Judge Young’s decision is stayed or overturned on…

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20 May EEOC Files ADA Claim Against Employer Due To “No Fault” Attendance Policy

  On May 9, 2014, the EEOC filed a lawsuit in the U.S. District Court for the Northern District of Illinois against AutoZone Inc. for discrimination, retaliation and failure to accommodate under the Americans with Disabilities Act.  The EEOC recently issued a press release discussing this lawsuit. The EEOC alleges that AutoZone had a “no fault’ attendance policy under which employees received points for absences, even if those absences occurred for reasons relating to disabilities. The EEOC also alleges that AutoZone failed to accommodate an…

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