Articles and Blogs

On Thursday, March 2, 2017, the Employee Benefits Security Administration (“EBSA”) of the Department of Labor (“DOL”) published a notice in the Federal Register that took the first steps toward delaying the so-called “fiduciary rule.” The EBSA acted in response to President Trump’s Presidential Memorandum of February 3, 2017 that directed the DOL to evaluate... READ MORE

A Seventh Circuit panel including Judge Posner affirmed summary judgment for AMS Mechanical System, Inc., the employer in an ADA case, despite some facts adverse to AMS. The panel accepted the employee’s version of the facts insofar as they were supported by his testimony: the employee, a welder named Gogos, left work early for... READ MORE

OFCCP mailed letters last week to over 350 separate companies notifying them that they are on the agency’s “to be audited” list. Known as Corporate Scheduling Announcement Letters (“CSALs”), the letters are provided as a courtesy in the hope that the company will be better prepared for the compliance review. Importantly, the notices are addressed to... READ MORE

Too often employers have reservations or concerns about employees’ misuse of FMLA leave and fail to act in response. A recent holding in a federal court case serves as a reminder to employers that if they have an “honest belief” that employee FMLA misuse has occurred, they may have a certain defense to retaliation... READ MORE

On February 3, 2017, President Donald Trump signed a presidential memorandum addressing the Department of Labor’s (“DOL”) so-called fiduciary rule that will go into effect on April 10, 2017.  Early media reports on February 2 and 3 indicated that the president would delay or suspend the rule. However, he did neither. The presidential memorandum directs... READ MORE

DOL’s Final Rule Blocked On November 22, 2016, a federal district judge in Texas issued a nationwide preliminary injunction preventing the U.S. Department of Labor (“DOL”) from implementing and enforcing its final rule establishing new salary thresholds for millions of traditionally exempt white collar employees.  As we reported in July, that new rule, which... READ MORE

On November 21, the EEOC announced the release of its updated Enforcement Guidance on National Origin Discrimination (“Guidance”), representing the first official guidance on this topic in 14 years. The new Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination, previously published in 2002. The Guidance may be accessed here. The... READ MORE

Have you ever asked or been asked, “What can I put away for retirement this year?” The answer could be different almost every year. Most of the limitations in the Internal Revenue Code are indexed with inflation.  They increase many years but not all. The IRS and Social Security Administration have released the 2017... READ MORE

The Court of Appeals for the Seventh Circuit will rehear a once-dismissed Title VII sexual orientation case, possibly signaling that the Seventh Circuit will change course and read Title VII as prohibiting sexual orientation discrimination. Background Title VII prohibits employment discrimination based on race, color, religion, sex and national origin; the prohibitions apply to... READ MORE

On Friday, September 23, 2016, the EEOC filed a lawsuit against a Pennsylvania health system for allegedly firing six employees who refused flu vaccines. The complaint brings Title VII claims for failure to accommodate sincerely held religious beliefs. Generally, Title VII of the Civil Rights Act of 1964 prohibits most employers from discriminating against employees on... READ MORE