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October Updates

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This Short List addresses the following topics:
  1. U.S Federal Contractor Updates
  2. Alabama: City of Birmingham Approves Nondiscrimination Ordinance
  3. California: Cal/OSHA Says Federal OSHA Reporting Requirements do not Apply to CA Employers
  4. Illinois: Amendments to the Illinois Human Rights Act Codify Religious Garb Protections
  5. Kentucky: Supreme Court Permits Wage and Hour Class Actions
  6. New York: 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods
  7. Texas: New Leave Protection for Foster Parents and Preference for Veterans in Employment
  8. Wisconsin: Court of Appeals Upholds “Right to Work” Law

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August Updates

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This Short List addresses the following topics:
  1. H-2B Visa Numerical Limit Increased for FY2017
  2. Employers Can Pay a Premium to Expedite H-1B Visa Processing Once More
  3. 2017 Veterans’ Employment and Training Service Filing Season Began August 1
  4. U.S. Department of Justice Files Brief Stating Title VII Does Not Protect Sexual Orientation
  5. First Circuit: Parts of the Massachusetts Earned Sick Time Law Do Not Apply to Railroad Workers
  6. Ninth Circuit: Mortgage Underwriters Are Not Exempt Under the FLSA Administrative Exemption
  7. California: DFEH Modifies Gender-Neutral Restroom Signage Rule for Non-Flushing Toilets
  8. Pennsylvania: Former Employees Are Not Entitled to Inspect Personnel Files
  9. Minneapolis, MN: Minimum Wage Will Increase to $15/hr by 2024
  10. St. Louis, MO: Minimum Wage Ordinance Nullified
  11. Rhode Island: Non-Competes Must Have Assignability Clauses to be Effective for New Owners
  12. Wisconsin: Revised Language, Requirements Regarding Employing Minors

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Seventh Circuit is the First Federal Court of Appeals to Recognize Sexual Orientation as a Federally Protected Class

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April 4, 2017

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discriminationIn Hively v. Ivy Tech Community College, hearing the case en banc, the Seventh Circuit became the first federal court of appeals to determine that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.  The court stated that “it is impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”

This landmark decision effectively prohibits discrimination and retaliation against applicants and employees on the basis of sexual orientation under federal law.

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Workplace Posting Deadlines for July 1, 2016

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July 1, 2016

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A number of minimum wage and/or specific paid sick leave ordinances go into effect in July, just one week away. Employers should check the table below for some imminent deadlines for workplace postings.

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Seventh Circuit States Class Action Waivers in Arbitration Agreements are Invalid

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May 26, 2016

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In Lewis v. Epic Systems Corporation, the Seventh Circuit Court of Appeals unanimously stated that arbitration agreements that prohibit collective arbitration or collective actions, including class, collective and representative actions, violate Section 7 of the National Labor Relations Act (“NLRA”).

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Wisconsin to Require 6 Weeks’ Unpaid Bone Marrow/Organ Donor Leave

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July 1, 2016

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The Wisconsin Donation Leave Act (“WDLA”) will soon require private Wisconsin employers of 50 or more employees to provide up to six weeks of unpaid leave per 12-month period for bone marrow or organ donation procedures.  The WDLA mirrors many of the provisions of Wisconsin Family and Medical Leave Act (“WFMLA”) and applies to the same employers covered under the WFMLA.  Key provisions of the WDLA are included below.

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