Presentation Title: “Employment Law Developments for 2014-2015”
Summary:
This presentation will cover recent significant developments in employment law and how these developments will affect employers and the workplace. Topics to be discussed will include the following: the impact of the U.S. Supreme Court’s decision legalizing same-sex marriage; recent case law interpreting Title VII discrimination claims; recent case law interpreting the Americans with Disabilities Act; developments relating to the Fair Labor Standards Act and wages; and developments relating to the National Labor Relations Board.
Presentation Outline:
- Same-sex marriage
o SCOTUS Decision
§ Obergefell v. Hodges – same sex marriage must be recognized by states
§ Impact on employers
- FMLA Expanded Definition of Spouse
- Employer Policies for Spouses
- Health and Welfare Benefits
o EEOC sexual orientation discrimination ruling
§ Complainant v. Foxx (July 15, 2015) – sexual orientation is encompassed within definition of “sex” for protection under Title VII
o Equality Act
§ Federal Anti-LGBTQ Discrimination Law Introduced in Congress (July 23, 2015)
o FMLA expanded spouse definition
o Effect on employee benefits
- Title VII
o EEOC Duty to Conciliate
§ Mach Mining v. EEOC (SCOTUS)
o Confederate flag at work
§ Case survey
o Apology for Sex Harassment
§ Retuerto v. Berea Moving (8th District Cuyahoga)
o Exhaustion of EEOC administrative remedies
§ Duble v. FedEx Ground – SCOTUS denies cert
§ Now a split of authority at circuit court level
o Protected Activity
§ EEOC v. New Breed Logistics (6th Circuit)
o EEOC Transgender Bathroom Policy
o EEOC Transgender Lawsuit Settlement
§ EEOC v. Lakeland Eye Clinic
- ADA
o EEOC v. Abercrombie & Fitch – Disparate Treatment
§ Motive, Not Knowledge
§ Duty to Ask?
o Accommodating Pregnant Employees
§ SCOTUS 2015 Young v. UPS
o Telecommuting as Reasonable Accommodation
§ EEOC v. Ford Motor Company (6th Circuit)
o Smoking Gun Comments case
o Direct Threat Affirmative Defense
§ EEOC v. Beverage Distributors Co. (10th Circuit) – reasonable belief, not actual threat necessary
o Teacher with Fear of Children case
§ Waltherr-Williard v. Mariemont City Sch. (6th Circuit)
o Testing for Prescription Drugs
§ Bates v. Dura Auto Sys. (6th Circuit)
- DOL/FLSA
o DOL Proposed Salary Threshold Increase (June 30, 2015)
§ What Will Change
§ What Will Not Change
o Compensatory Time v. Overtime
§ Public v. Private; Exempt v. Non-Exempt
o DOL Independent Contractor Interpretation
§ Administrator Interpretation No. 2015-1
§ “Economic Dependency”
- Comparison with Ohio Standard
o Unpaid Internships
§ “Primary Beneficiary” Test – Glatt and Wang 2nd Circuit cases
o DOL Questions Re: Duties Test for FLSA Overtime Exception
o FLSA and Inclement Weather
o Preliminary and Postliminary Activities
§ Integrity Staffing Solutions v. Busk (SCOTUS)
- NLRB
o Confidentiality of Witness Statements Obtained During Internal Investigations
§ Am. Baptist Homes of the W. NLRB Decision (2015)
- Case by Case Balancing Test
o Franchisor is NOT a joint employer
§ Freshii NLRB Advice Memorandum
o Section 7 Protections
§ Memorandum 15-04
- Other Cases/Issues
o How to Deal with Rise of Secret workplace recordings
o Employer-sponsored wellness plans EEOC rule proposal
o Small Amount of Work During FMLA leave?
§ Smith v. Genon Energy
o FMLA for Inpatient Care
§ Bonkowski v. Oberg Industries (3rd Circuit)
o Insufficient FMLA medical certifications
§ Lehigh Valley Health Network case (3rd Circuit)