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Court: Accommodation That Eliminates Essential Functions Is “Per Se” Unreasonable

Allowing an employee to sit for half of her shift, thereby eliminating several job duties, is “per se” unreasonable, the U.S. District Court for the Northern District of Georgia has found. The case, EEOC v. Eckerd Corp. (d/b/a Rite Aid) (No. 1:10-CV-2816-JEC (N.D. Ga., July 9, 2012)), involved Fern Strickland, a drugstore cashier with osteoarthritis […]

Employers Face New Texas Open Carry Handgun Law

By NANCY McDERMOTT Texas’ new “Open Carry” law, which allows licensed holders to carry a holstered gun in plain view, raises serious concerns for Texas employers. The “Open Carry” bill (HB 910), was signed into law in June 2015 by Gov. Greg Abbott (R) and took effect on Jan. 1. Current Law vs. New Law Under […]

DOL Extends Comment Period on Proposed Domestic Caregiver FLSA Exemption

Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair Labor Standards Act’s current exemption from minimum wage and overtime pay. Currently, the FLSA provides […]

Maryland parental leave law takes effect October 1

by Kevin C. McCormick Maryland’s new Parental Leave Act (PLA), which grants unpaid parental leave benefits to employees working for some employers too small to be eligible for leave under the federal Family and Medical Leave Act (FMLA), will take effect October 1. The PLA requires employers with 15 to 49 employees to provide unpaid […]

Hurricane Irene Is Over, So Barring Locusts, Business Recovery and Clean Up Can Begin

In just a few days, the East Coast was struck by an earthquake and Hurricane Irene. As one colleague put it: What’s next, a swarm of locusts? Hopefully, all that is next for businesses adversely impacted by these events is cleaning-up and recovering so that normal operations can resume as quickly as possible. Companies should […]

$1 M in back wages recovered for NJ gas station workers

A multi-year investigation by the United States Department of Labor into violations of wage and hour laws by New Jersey gas stations has found “consistent and widespread noncompliance,” according to agency officials. The investment action recovered more than $1 million in back wages for 295 workers. In an agency statement, DOL Secretary Hilda L. Solis […]

A Peculiar Line of Commerce: Supreme Court Weighs FLSA Status of Rx Sales Reps

The pharmaceutical industry made its case to the U.S. Supreme Court April 16 that pharmaceutical sales representatives (PSRs) are “outside salesmen” under the Fair Labor Standards Act and thus are exempt from the FLSA’s overtime requirements. A lot is at stake in the Court’s upcoming decision, since requiring overtime pay for PSRs could impose billions […]

Health Reform Law Clears Appeals Court Hurdle

In a Nov. 8 decision, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court’s ruling that the U.S. Congress may require all individuals to get health coverage (the individual mandate). A circuit-court split on whether the individual mandate stands or falls makes it more likely the Supreme Court will […]

Insurance Commissioner Urges Insurers to Do More to Cut Comp Rates

California Insurance Commissioner John Garamendi has announced that workers’ compensation insurers in the state have filed rate reductions averaging 14.6 percent for policies incepting on or after July 1, 2005. These latest cuts bring the cumulative rate reduction to 26.78 percent since the massive workers’ compensation reforms of 2003 and 2004.