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Please Click HerePosted on December 20, 2016 by Ruder Ware Alumni
I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position. I often wonder if the public “perceives” Santa Claus […]
Posted on December 19, 2016 by Ruder Ware Alumni
Earlier this month, the United State’s Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph’s Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates competing for the […]
Posted on December 19, 2016 by Ruder Ware Alumni
OSHA has always taken the position that the duty to record accurate and complete injuries and illnesses is a continuing duty. OSHA concedes, however, “that its recordkeeping regulations were not clear with respect to the continuing nature of employers’ recordkeeping obligations.” OSHA has now issued a Final Rule that clarifies the continuing nature of the […]
Posted on December 15, 2016 by Ruder Ware Alumni
OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article focuses on OSHA’s final rule under one of those statutes, the Moving Ahead for Progress in the 21st Century Act (“MAP-21”), as […]
Posted on December 13, 2016 by Mary Ellen Schill
On December 13, 2016 the IRS issued its standard mileage rates for 2017. Each year (sometimes more frequently than that in times of price volatility) the IRS announces the standard mileage rates for determining the deductible cost for operating automobiles for various purposes, including business, medical, and charitable purposes. Employers often base their employee reimbursements […]
Posted on December 12, 2016 by Ruder Ware Alumni
The table is set for a fight over whether or not more employees will be eligible for overtime pay as a result of the Department of Labor regulation changing the qualifications to be an exempt employee. President-Elect Trump has nominated Andrew Puzder to serve as Secretary of the Department of Labor. He has made it […]
Posted on December 9, 2016 by Ruder Ware Alumni
I have always struggled with the notion of “perceived” discrimination and whether an employer has actually discriminated against an employee because they perceive the employee to be disabled or of a different national origin or something else. The EEOC recently issued updated Enforcement Guidance on national origin discrimination and concluded that national origin discrimination includes […]
Posted on November 30, 2016 by Ruder Ware Alumni
A federal judge has refused to issue a preliminary injunction to block OSHA’s new anti-retaliation and discrimination rule from taking effect as scheduled. This means that tomorrow, December 1, the rule prohibiting employers from retaliating or discriminating against employees for reporting workplace injuries and illnesses will take effect. Multiple plaintiffs have sued OSHA in federal […]
Posted on November 22, 2016 by Sara J. Ackermann
Late today, a Texas federal district court judge issued a ruling that DELAYS the Department of Labor’s proposed overtime rule that was set to go into effect on December 1. This means that a hearing will be scheduled to determine whether or not the DOL exceeded its authority in issuing the Rule that would increase […]
Posted on November 17, 2016 by Sara J. Ackermann
As we reported recently, (see DOL Overtime Rule Update: Breaking News!!!!!) 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1. Yesterday, the judge assigned to that case advised the parties he will issue his […]