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Medical center will get discovery on employee’s religious beliefs about flu shot

November 2nd, 2017

By Brandi O. Brown, J.D.
In a religious discrimination suit by the EEOC on behalf of an employee fired by a medical center for refusing to either obtain a flu vaccination or to wear a mask at work, a federal district court in Massachusetts addressed the parties’ motions to compel discovery, granting some concessions to both [Read more...]

DOL appeals decision invalidating OT rule, to seek abeyance while rulemaking is pending

November 1st, 2017

By Pamela Wolf, J.D.
The Department of Labor is not only appealing a Texas federal court’s decision invalidating the final overtime rule because it found the salary level exceeded the department’s authority, it is also going to ask the Fifth Circuit Court of Appeals to hold the appeal in abeyance while the DOL undertakes further rulemaking [Read more...]

New York adopts emergency rules on home care workers’ hours

November 1st, 2017

The New York State Department of Labor has adopted emergency regulations to amend the state’s minimum wage orders to clarify that hours worked may exclude meal and sleep times for home care aides who work shifts of 24 hours or more (New York State Register, Vol. 43, October 25, 2017)
The Department of Labor considers the [Read more...]

No showing town board ratified police chief’s retaliatory non-promotion decision

November 1st, 2017

By Kathleen Kapusta, J.D.
Affirming the grant of summary judgment against a police officer’s claim that his municipal employer violated his First Amendment rights under Section 1983, the First Circuit found his assertion that the town’s board of selectmen knew of and ratified the police chief’s retaliatory motive for not recommending him for promotion was a [Read more...]

Transgender prof’s claim supported by restrictions on dress, makeup, bathrooms

October 31st, 2017

By Lorene D. Park, J.D.
A transgender professor will reach a jury on her Title VII hostile work environment claim against the university that denied her tenure and dismissed her, based on her testimony that every day for four years she was restricted on which restrooms she could use, how to dress, and what makeup to [Read more...]