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How will they rule? Justices hear opposing takes on Title VII and its impact on LGBTQ employees

October 10th, 2019

By Pamela Wolf, J.D.
The Justices will need to sort out whether Title VII shields gay, lesbian, and transgender employees from employment discrimination.
On October 8, the Justices tackled a triad of cases questioning exactly how far Title VII extends in protecting people from employment discrimination “because of sex.” The Court will determine whether a transgender funeral [Read more...]


Justices won’t decide whether ADEA protects disparate impact claims of outside job applicants

October 10th, 2019

By Pamela Wolf, J.D. An older attorney rejected for a job as inside counsel argued that the Court should interpret the ADEA to apply to disparate impact claims by outside job applicants, just as it has done in Title VII claims.
On October 7, the Supreme Court declined to take up the question of whether section [Read more...]


DOL proposed rule would allow tip-pooling to include non-tipped workers and tip credit for ‘contemporaneous’ non-tipped duties

October 9th, 2019

By Ronald Miller, J.D.
The proposed tip rule would make significant changes to the tip credit. If the rule is finalized as proposed, the DOL says that the updated regulations could result in a potential transfer of $107 million, as tip pools are expanded to share tips among both front-of-the-house and back-of-the-house employees.
On October 7, 2019, [Read more...]


OSHA proposes to revise beryllium standards for shipyards and construction

October 9th, 2019

By Pamela Wolf, J.D.
As promised in its September 30, 2019, final rule delaying most compliance deadlines for the beryllium in shipyards and construction standards set forth in its earlier January 2017 final rule, OSHA is proposing to revise those standards in a notice of proposed rulemaking (NPRM) scheduled for publication in the Federal Register October [Read more...]


Justices will not revisit compensability of Amazon warehouse workers’ security screening time

October 9th, 2019

By Pamela Wolf, J.D.
After remand, the Sixth Circuit reached a conclusion regarding the definition of “work” that Amazon and Integrity Staffing Solutions contend is in conflict with the High Court’s earlier ruling.
On October 7, the Supreme Court declined to take up for the second time whether Amazon warehouse workers must be compensated—not under the FLSA [Read more...]