In an October 2015 post, I discussed whether the federal statute that prohibits discrimination on account of “sex” may be extended to protect employees who suffer discrimination or harassment due to their sexual orientation. Will Protections Against Sex Based Discrimination Be Extended to Sexual Orientation? There currently are no federal or Tennessee anti-discrimination statutes that expressly address sexual orientation as a prohibited basis for workplace discrimination or harassment. There also is very little likelihood of new legislation being enacted for that purpose either by the Tennessee legislature or United States Congress (at least as presently constituted). Consequently, a number of litigants, including the United States Equal Employment Opportunity Commission (EEOC), are asking the federal courts to extend the definition of discrimination on account of “sex” within Title VII of the Civil Rights Act of 1964 to include workplace discrimination on account of sexual orientation. As I previously discussed, a number of federal appeals courts have in the past refused to extend the definition of “sex” beyond gender based considerations. Those decisions, however, pre-date the recent judicial victories achieved by the LGBT community on issues such as same sex marriage. Consequently, these litigants are hopeful that federal courts might be willing to undertake a fresh analysis of the issue given the significant gains achieved by the LGBT community in other areas of the law.
In Our Judgment
Providing insight on developments in labor and employment law affecting East Tennessee employers and employees.
The Fair Labor Standards Act (FLSA) was enacted in 1938 for the primary purposes of guaranteeing workers a minimum hourly wage and overtime pay at a rate of 1.5 times their base hourly rate of pay for hours worked in excess of 40 in a work week.
Winter finally arrived in Tennessee following repeated record high temperatures throughout December and the first few days of January. Once cold weather and the first instances of winter precipitation arrive, employers will often ask me if there are any employment law considerations to inclement weather and inclement weather policies. While there indeed are some legal considerations, this is an area where most employers should exercise a degree of common sense.
The laws addressing compensation for employee breaks are not that difficult to understand and properly apply. As one recent court decision reminded me, however, some employers unfortunately choose either not to learn those rules, or to simply ignore them until the United States Department of Labor becomes involved. Before discussing that decision, let's review the basic legal requirements.
Earlier this year I commented upon a new enforcement emphasis by OSHA in the healthcare industry. At that time, OSHA issued a memorandum to its regional and state enforcement offices announcing a new inspection emphasis for inpatient healthcare providers, including hospitals and residential care facilities. The new inspection regime was designed to identify and correct causes of musculoskeletal injuries, slips, trips and falls, as well as workplace violence.