In a little-noticed posting on its website, the Equal Employment Opportunity Commission (EEOC) this week provided some relief to employers from their ordinary obligations to avoid activities that might constitute a "medical test." Typically, employers in the United States covered by the Americans with Disabilities Act (ADA) are required to refrain from conducting "medical examinations" of their employees except under certain limits set out in ADA regulations. Some of these exceptions include—
On September 24, 2019, the U.S. Department of Labor issued a final new rule about overtime exemptions. The new rule goes into effect on January 1, 2020, and will potentially make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA).
Update on Bostock and Zarda: On June 15, 2020, the U.S. Supreme Court issued a decision involving the Bostick, Zarda, and Harris Funeral Homes cases. The court held that an employer who fires a person merely for being gay or transgender violates Title VII. The Harris Funeral Homes is discussed in an earlier blog post.