Sixth Circuit – ManagEase

Sixth Circuit: Work Restrictions Do Not Equate to a Disability Under the ADA

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with MI, KY, OH, and TN Employees

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June 7, 2019

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In Booth v. Nissan North America, Inc., the Sixth Circuit stated that just because an employee has physical work restrictions does not equate to being “disabled” under the Americans with Disabilities Act (ADA). A person is disabled under the ADA if they have a (1) “physical or mental impairment that substantially limits one or more major life activities,” (2) “a record of such impairment,” or (3) is “regarded as having such an impairment.”

August Updates

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

EEO-1 Component 2 Reporting Resources Issued
IRS Announces 2020 Health Savings Account Limits
U.S. DOL Launches New Website for Wage Determination Data
Sixth Circuit: FLSA Coverage Implicated by Using Out-of-State Products
California: Sonoma, CA Minimum Wage Increases as of January 1, 2020
Nevada: No Sexual Harassment Confidentiality in Settlement Agreements
New Jersey: Discrimination Claim Does Not Require an Adverse Employment Action to Proceed
New Jersey: Hotel Employers Must Provide Panic Buttons for Employees
New Jersey: State Protections May Extend to Out-of-State Employees
New York: Farmworkers Win the Right to Collectively Bargain
Rhode Island: The Airline Deregulation Act Preempts State Sunday and Holiday Pay Laws
Washington: Obesity is a Protected Class by Itself

Sixth Circuit: Off-Duty Law Enforcement Misclassified as Independent Contractors

March 7, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers of KY, MI, OH, or TN Employees

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February 12, 2019

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In Acosta v. Off Duty Policy Services, Inc., the Sixth Circuit applied the six-factor “economic reality” test to determine whether off-duty officers were misclassified as independent contractors for purposes of the Fair Labor Standards Act (FLSA). There, the employer provided private security services using off-duty, sworn police officers, as well as nonsworn workers. The workers were allowed to accept or reject work assignments, were provided basic equipment, but had to supply their own vehicles and uniforms. The sworn officers typically wore their officer uniforms and used their patrol vehicles, while the nonsworn workers had to use their own police-style vehicle.

October Updates

October 9, 2018/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

U.S. Department of Labor Issues Updated FMLA Forms
EEO-1 Reporting Deadline Still March 31st
NLRB: E-Verify Enrollment is a Mandatory Subject of Bargaining
IRS Updates Paid Family Leave Tax Credit
Sixth Circuit: Educational Institution’s Investigation Procedures Challenged in Title IX Case
Seventh Circuit: Potential Back Pay in Hostile Work Environment Claims
Ninth Circuit Affirms DOL Guidance on “20% Rule” for Tipped Employees
California: IMPORTANT – Update on How Split Shifts Are Paid
San Francisco, CA: Update Fair Chance Ordinance Notice/Poster
New York: Home Care Workers’ “13-Hour Rule” is Invalid

September Updates

September 10, 2018/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

The DOL Created a New Department to Support Employer Compliance
OFCCP Staff Must Account for Federal Contractors’ Religious Freedoms
Federal Contractor Minimum Wage Increase for 2019
Sixth Circuit: FLSA Does Not Invalidate Arbitration Agreements
Eighth Circuit: USERRA Still Protects Employees Who Don’t Have Guaranteed Working Hours
Ninth Circuit: Employers Can Prohibit Future Employment With Their Company
California: Update to EDD Workplace Posting DE 1857A
Massachusetts: Railway Unemployment Insurance Act Preempts Statewide Sick Leave
New Jersey: New Bill Expands Ability to Claim Unemployment Insurance Benefits
New Jersey: State and Federal Authorities Pledge Stronger Enforcement Against Misclassification
New York City, NY: Anti-Sexual Harassment Poster and Fact Sheet Now Available
South Carolina: Pregnancy Accommodations Poster Now Available
Austin, Texas: The City’s Paid Sick Leave is On Hold – For Now
Seattle, WA: New Employer Obligations for Domestic Workers

Sixth Circuit: Full-Time Work is Not an Essential Job Function Under the ADA

August 6, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with KY, MI, OH, and TN Employees

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July 17, 2018

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In Hostettler v. College of Wooster, the Sixth Circuit Court of Appeal recently determined that an employer could not make full-time work an essential function of a job so as to justify failing to accommodate an employee under the Americans with Disabilities Act (ADA). There, the employee suffered from post-partum depression and, based on her physician’s instruction, obtained approval to work part-time. However, her supervisor felt that the employee’s part-time work schedule burdened others in the department. When the employee submitted an updated medical certification requiring continued part-time employment, the supervisor terminated her based on her inability to return full-time.

Sixth Circuit: Do Volunteers Have an Expectation of Compensation?

June 8, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with KY, MI, OH, TN Volunteers

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April 16, 2018

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In Acosta v. Cathedral Buffet, the Sixth Circuit recently clarified the definition of a volunteer. There, a buffet restaurant, a for-profit corporation operated by Grace Cathedral, used volunteers to service patrons in addition to regular employees. The faith leader at Grace Cathedral told church members that God was calling on them to volunteer at the buffet, and that failing to do so was tantamount to a sin under the church’s doctrine. As a result of the church’s strategies, many members did volunteer. Employees and volunteers performed the same restaurant-related tasks; however, volunteers were not paid for their time.

Sixth Circuit: Transgender and Transitioning Status Discrimination Prohibited Under Title VII

April 3, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with MI, OH, KY, and TN Employees

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March 7, 2018

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On March 7, 2018, the Sixth Circuit Court of Appeals became the first federal appeals court to state that transgender and transitioning employees are protected under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on specific protected categories. Further, the circuit court stated that “sincerely held religious beliefs” do not shield employers from Title VII discrimination claims.

Sixth Circuit: Arbitration Provisions Prohibiting Concerted Protected Activity are Unenforceable

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with KY, MI, OH, and TN Employees

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May 26, 2017

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In National Labor Relations Board v. Alternative Entertainment, Inc., the Sixth Circuit court joined the Seventh and Ninth circuits in holding that mandatory arbitration provisions that contain class action waivers are unenforceable under the National Labor Relations Act (“NLRA”). The Second, Fifth, and Eighth circuit courts took the opposite opinion.

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