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.
U.S. Supreme Court ruling protects LGBT persons from employment discrimination
By Lauren Smith and David Canupp In a long-awaited opinion, the U.S. Supreme Court issued a decision today, June 15, 2020, that held an employer who fires a person solely for being gay or transgendered violates Title VII of the 1964 Civil Rights Act.
A Guide to Re-Opening and Protecting Against Liability in the Process
On Friday, May 8, 2020, Alabama Governor Kay Ivey surprised some of us with an early revision to her “safer at home” order, and surprised us somewhat less with an attempted effort to provide some liability protections for employers who re-open. We ha
Documentation requirements for emergency paid lick leave and expanded FMLA leave
We shouldn’t expect that the Government to ever establish a program without requiring paperwork. So this post concerns exactly that: the paperwork or documentation required to comply with the requirements of the Families First Coronavirus Response Ac
UPDATED: How does Alabama’s stay-at-home order impact Families First Act?
Updated on April 24, 2020. This is an updated blog post to replace the blog we posted on April 7, 2020. As we keep saying, these issues are evolving, and we are keeping these posts updated as new information and guidance is issued by the Department o
SBA loans are available as part of relief for COVID-19 pandemic
Updated on March 31, 2020, with the changes made to the CARES Act that became law on March 27, 2020. Update: The U.S. Treasury Department has posted an application form for the Paycheck Protection Program. More information about the Paycheck Protecti
Religious rights trump transgender rights
Update on EEOC v. Harris Funderal Homes, Inc.: On June 15, 2020, the U.S. Supreme Court issued a decision involving in this case. The court held that an employer who fires a person merely for being gay or transgender violates Title VII. On August 18,
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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.
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In a case decided just last month, a federal court in Alabama illustrated the potential risk of making a fairly simple mistake under the Family Medical Leave Act (FMLA).
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On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor (DOL) sent out 1,000 corporate scheduling announcement letters (CSALs).
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Drug testing is a tool commonly used by employers to ensure employees are not illegally using controlled substances at the workplace. But that tool does not come without legal risk. A recent decision by the U.S. Eleventh Circuit Court of Appeals brings to light an interesting intersection between drug testing and the Americans with Disabilities Act (ADA). The case—and its implications—are discussed in detail below.
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