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Employers can’t adopt a broad no-recording rule

On June 1, 2017, the U.S. Second Circuit Court of Appeals affirmed a decision of the National Labor Relations Board (NLRB) about an employer rule barring employees from making recordings without prior approval.

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Sexual-orientation discrimination has reached the U.S. Supreme Court

Update on Evans: On December 11, 2017, the U.S. Supreme Court denied a writ of certiorari in this case. Because the denial means that the Supreme Court has affirmed the Eleventh Circuit’s decision, sexual orientation discrimination is not recognized in the Eleventh Circuit (Alabama, Florida, and Georgia).

Earlier this year, I predicted the issue of sexual-orientation discrimination was headed all the way to the United States Supreme Court. On September 7, 2017, the issue did, in fact, reach the Supreme Court when the Lambda Legal Defense and Education Fund filed a petition for a writ of certiorari on behalf of Jameka Evans. Ms. Evans had sued her employer for allegedly firing her for being a lesbian.

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New overtime regulations ruled invalid

Update: On October 30, 2017, the U.S. Department of Labor (DOL) filed a notice to appeal this decision to the U.S. Fifth Circuit Court of Appeals. Once this appeal is docketed, the DOL will file a motion to hold the appeal in abeyance while the department undertakes further rulemaking to determine what the salary level should be.

The Obama Administration issued new regulations about overtime that were to take effect on December 1, 2016. Just before they were to take effect, a U.S. district court in Texas enjoined the regulations. So since about December 1, 2016, employers have been in legal limbo about what’s going to happen.

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Sexual orientation discrimination may be headed to U.S. Supreme Court

Odd, bizarre, contradictory, based on gossamer-thin distinctions—all these words have been used to describe the state of the law about employment discrimination based on sexual orientation.

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Copyright

© 2017

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EEO-1 Forms: Out with the New and In with the Old?

Update: On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) indefinitely suspended the new EEO-1 Form. OIRA is part of the Office of Management and Budget (OMB).

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