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BT Currents - Hot Topics in Employment Law

30 Sep Should Appeals Courts Give Deference to Lower Courts in EEOC in Subpoena Enforcement Actions? U.S. Supreme Court Agrees to Take on the Issue

  As the U.S. Supreme Court prepares to open its fall term, the Court has agreed to consider the appropriate standard for court review of U.S. Equal Employment Opportunity Commission (EEOC) subpoenas that the agency issues during its investigations of discrimination charges.   In EEOC v. McLane Co., Inc., the issue is whether the Ninth Circuit Court of Appeals should have given deference to a lower court’s decisions regarding enforcement of an EEOC investigatory subpoena or whether appellate courts should take a completely new look…

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29 Sep EEOC Continues Fight Against Mandatory Flu Vaccinations for Healthcare Workers

  Just as another flu season is upon us, the U.S. Equal Employment Opportunity Commission (EEOC) is ramping up its battle against mandatory healthcare workers influenza vaccination programs by filing at least its third lawsuit this year on the subject of accommodations for individuals who profess religious objections to being vaccinated.   In EEOC v. St. Vincent Health Center, the EEOC is alleging that a Pennsylvania healthcare organization failed to accommodate the religious beliefs of six healthcare workers who sought exemptions from mandatory flu shots…

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22 Sep War Over Sexual Orientation and Title VII Rages On

  Advocates for a federal ban on sexual orientation discrimination are waging a war on multiple fronts, fighting their battles in courts across the country and seeking rulings that Title VII prohibits discrimination based on sexual orientation, even if the statute does not specifically reference it as a protected class.   Last week in a high-profile Second Circuit case, Christiansen v. Omnicom Group, Inc., No. 16-748, defendant-appellee ad agency DDB Worldwide filed its brief claiming the court’s precedent that Title VII does not cover sexual…

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21 Sep The Battle Is Joined: Two New Entrants in the Fight Over New Overtime Rules

  Two new sets of allied combatants have joined the fray looking to overturn the Department of Labor’s (DOL) new overtime regulations and halt the imminent effective date. The DOL’s new rules more than double the salary threshold (to $47,476) for workers to even be considered for the so-called “white collar” exemptions to the Fair Labor Standards Act’s (FLSA) overtime premium requirements and are currently scheduled to take effect Dec. 1.   On Sept. 20, two complaints were filed in the Eastern District of Texas:…

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21 Sep Loose Lips Sink Ships

  Late last week, a political firestorm brewed over the hacking of various email accounts belonging to politicians and national security officials. It was reported that the hack revealed that Colin Powell, the almost universally well-liked and well-regarded retired general, former chairman of the Joint Chiefs and Secretary of State, had some less than kind things to say about the current crop of presidential candidates. Powell’s emails, for example, reportedly used provocative words like “national disgrace” in one instance and “greedy” and “unbridled ambition” in…

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