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BT Currents - Hot Topics in Employment Law

19 Apr 11th Hour Questions about DOL’s Overtime Rules

As the DOL’s final proposal nears reality, the expected economic impact is making some members of Congress very nervous.   Even supporters of the Department of Labor’s (DOL) upcoming overtime regulations (anticipated to be released in final form sometime soon)  are raising last-minute concerns about the regulations’ potentially adverse impact on businesses– small businesses in particular.   The expected revised DOL regulations on overtime will affect the exempt status of an estimated five million white-collar employees.  The DOL has proposed a salary threshold of $970 per…

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18 Apr Court Says Mandatory Flu Vaccine for Hospital Worker Does Not Violate Title VII

A federal court in Massachusetts recently issued an opinion that provides much needed guidance to hospitals and other healthcare institutions on whether it is permissible – under Title VII – to require mandatory influenza vaccinations for healthcare workers who object to receiving the vaccination on religious grounds.   The case started in 2011, when Children’s Hospital Boston announced that all persons who worked in or accessed patient care areas would be required to be vaccinated against the influenza virus. The requirement applied to employees, volunteers,…

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15 Apr EEOC Consent Decrees Highlight That Employers Must Prevent ADA Claims — Or Pay the Consequences

Public consent decrees that resolved several recent Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuits are a stark reminder that clear policies and training can help employers to avoid such consequences.   A common theme of the recently-settled EEOC lawsuits is that once the EEOC files a lawsuit it will demand a public settlement that includes substantial financial terms and non-monetary relief including posting of notices in the workplace and mandatory training.   In a case that the EEOC filed against a paper manufacturing company…

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07 Apr Morbid Obesity Not Necessarily a Disability Under Americans with Disabilities Act

The Eighth Circuit Court of Appeals held this week that obesity in and of itself is not covered by the Americans with Disabilities Act (ADA).  Instead, obesity generally is a physical characteristic and “qualifies as a physical impairment (and thus would be covered under the ADA) only if it falls outside the normal range and it occurs as the result of a physiological disorder.” (Emphasis added.)  Even morbid obesity has to have physiological underpinnings to qualify as a disability, ruled the Eighth Circuit.  Such disorders…

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06 Apr Don’t Call a Transgender Employee “It”

By now, most people know enough about the law to know that you can’t discriminate against a worker because of characteristics like race, sex, age and disability. Those are pretty obvious and those laws have been in place for as long as most of us can remember. However, society and laws are constantly evolving, and there are always new issues employers need to watch for, both to ensure all of their employees are protected from discrimination and to make sure they are protecting themselves from…

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