NBA Prospect’s Fear of Flying Reflects Potential Limits of Employers’ Obligation to Accommodate Disabilities
Maybe you remember Royce White, an NBA hopeful whose fear of flying led him to confront the league’s approach to mental health treatment.
Tag: Employment law
Maintain Uniformity in Your Enforcement of Uniform Policies
The federal appellate court that sits in New Orleans recently agreed with the National Labor Relations Board’s (NLRB) finding that In-N-Out Burger violated Section 8(a)(1) of the National Labor Relations Act (NLRA) when it barred its employees from wearing buttons supporting the “Fight for $15” movement, which seeks an hourly wage of $15 for minimum-wage […]
I’m With the Government, and I’m Here to Help
The U.S. Department of Labor (DOL) recently updated its annual statistics that reflect the volume of back wages collected through compliance audits. The figures provide a clear reminder that while the Trump administration is widely viewed as more employer-friendly than the Obama administration, enforcing the Fair Labor Standards Act (FLSA) is still front and center […]
DOL Readies for Another Try on New Overtime Rule
The U.S. Department of Labor (DOL) is on its way to issuing a new rule to determine what workers are eligible for overtime pay, and employers are expected to see a salary threshold higher than the one that’s been in place since 2004 but considerably lower than the one previously sought.
Cautionary Tale from California: Don’t Presume State Courts Will Follow Federal Guidance
The California Supreme Court recently made national headlines when it declined to follow—strictly as a matter of policy—70-year-old precedent from the U.S. Supreme Court on the Fair Labor Standards Act (FLSA) in a case interpreting the state’s comparable wage regulations. To be sure, the policy goals and judicial philosophies of California and other parts of […]
Trump Campaign Case Offers Lesson on Value of Carefully Written Employment Contracts
A recent New York trial court decision demonstrates the importance of carefully drafting employment contracts. In the high-profile case, Judge Arlene P. Bluth sided with the employee in rejecting the employer’s attempt to force an employment claim into arbitration. On the surface, the case is notable because the defending party was the Trump for President […]
Anti-Vax Nurse Leaks Measles Diagnosis, Leads Texas Hospital to Say No Social Media Privacy
With the advent of social media, a significant number of people have lost their jobs. From Roseanne Barr to James Gunn, the list of people with online mishaps runs long and deep. A few weeks ago, a Texas Children’s Hospital nurse joined the roster after she allegedly shared a Facebook post about a young patient […]
Interactive Process Requires More Than Just Lip Service, But When is Enough Enough?
The Americans with Disabilities Act (ADA) and similar state laws prohibit discriminating against a qualified employee or job applicant on the basis of an actual or perceived disability. The ADA requires you to engage in the interactive process with an employee who has requested an accommodation to determine if it will permit the individual to […]
Almost Royal: How Not To Conduct An Interview
The BBC’s faux reality show, Almost Royal, follows the lives of British aristocrat siblings, Poppy and Georgie Carlton as they tour the United States with their father’s ashes in tow. After their father’s untimely demise from a shooting accident, this brother-sister duo travel across the Atlantic to tour the country that their father loved in […]
Three Companies, Three Disability-Related Charges from the EEOC
What do a shipping company, a manufacturer, and an oil and gas company have in common? They were all found to have violated disability discrimination policies and were held accountable by the Equal Employment Opportunity Commission.