HDR thirdshift

Sexual orientation discrimination goes to Supreme Court second time

Update on Bostock and Zarda: On April 22, 2019, the U.S. Supreme Court granted writs of certiorari for both of these cases. That means that the Supreme Court will give both cases a “full” appeal. We anticipate the court will issue a decision later this year or early next year. Stay tuned!

Continue reading

New Overtime Rule 2.0 (2019)

On March 7, 2019, the U.S. Department of Labor (DOL) announced a proposed rule that would make more than a million American workers potentially eligible for overtime. This eligibility would come about by changing the threshold for salaries that triggers the exemption from the overtime provisions of the Fair Labor Standards Act (FLSA).

Continue reading

Alabama law about firearms in the workplace

A business recently asked us about the Alabama firearms-in-the-workplace law, found at § 13A-11-90 of the Code of Alabama 1975. Concern about firearms in the workplace is certainly rational because of recent shootings at workplaces, as well as at places of worship and businesses.

Continue reading

No size requirement for local governments to be sued for age discrimination

Today, the United States Supreme Court issued a ruling in Mount Lemmon Fire District v. Guido, a case we have been tracking over the last year. The ruling expands the scope of the Age Discrimination in Employment Act (ADEA) to allow claims against local and state government entities regardless of their size. Now, based on the unanimous vote of the Supreme Court, any employee of a local or state government can sue for age discrimination.

Continue reading

OFCCP has changed its approach to compensation discrimination

On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) changed its approach to investigating compensation discrimination. The OFCCP issued Directive 2018-05 entitled “Analysis of Contractor Compensation Practices During a Compliance Evaluation.” This new directive rescinds Directive 2013-03 entitled “Procedures for Reviewing Contractor Compensation Systems and Practices.” The 2013 document is more commonly referred to as Directive 307.

Continue reading