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In Our Judgement: In Law & In Life

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In Our Judgment

The official Frantz, McConnell, and Seymour, LLP blog.

Providing insight on developments in labor and employment law affecting East Tennessee employers and employees.

UPDATE: TEXAS FEDERAL COURT BLOCKS IMPLEMENTATION OF NEW OVERTIME RULES

UPDATE: TEXAS FEDERAL COURT BLOCKS IMPLEMENTATION OF NEW OVERTIME RULES

Public and private employers throughout the United States received an early holiday gift from a United States district court in Texas on November 22, 2016. As I have discussed previously in this blog, the United States Department of Labor (DOL) issued new rules earlier this year substantially changing the federal law criteria for determining which employees can be deemed “exempt” from overtime requirements. Those new rules were to go into effect December 1, 2016. Currently, to be considered exempt from overtime requirements, an employee had to perform executive, administrative, or professional duties (the “duties test”); had to be paid a set weekly salary that did not change based upon the number of hours worked (the “salary level test”); and, pertinent to the current discussion, had to be paid at least $455.00 per week ($23,660 annually). This last criteria is referred to as the “minimum salary test.”

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Further Developments On Extending Title VII Protection To Sexual Orientation Discrimination

Further Developments On Extending Title VII Protection To Sexual Orientation Discrimination

In August 2016, I discussed a recent decision of the United States 7th Circuit Court of Appeals which held “that Title VII does not redress sexual orientation discrimination.” As I mentioned in that post, the 7th Circuit’s decision was the first federal appeals court opinion on that subject since the United States Supreme Court decision guaranteeing same sex marriage rights under the United States constitution. It is also the first decision of a federal appeals court on that subject since the United States Equal Employment Opportunity Commission (EEOC) announced its intention to file federal court lawsuits seeking extension of Title VII protection to claims of sexual orientation discrimination.

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Mandatory Flu Vaccination Policies for Healthcare Workers Are Receiving Court Approval

Mandatory Flu Vaccination Policies for Healthcare Workers Are Receiving Court Approval

As fall approaches, many employers are preparing to offer flu vaccinations to their employees. In most work settings, this is a voluntary benefit that employees may choose to accept or not, based on their own personal beliefs regarding such vaccinations. In the healthcare sector and more particularly within hospital settings, there has been a growing movement to require flu vaccinations of all hospital personnel.

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ARE CHARITABLE NON-PROFIT ORGANIZATIONS SUBJECT TO UPCOMING CHANGES TO FEDERAL WAGE AND HOUR LAWS?

ARE CHARITABLE NON-PROFIT ORGANIZATIONS SUBJECT TO UPCOMING CHANGES TO FEDERAL WAGE AND HOUR LAWS?

I have posted twice since the beginning of this year [February 18, 2016] and [May 20, 2016] concerning upcoming changes in federal wage and hour laws. The Fair Labor Standards Act (FLSA) guarantees covered workers a minimum hourly wage and overtime pay at a rate of 1.5 times their base hourly rate for hours worked in excess of 40 hours in a work week.

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Federal Appeals Court Refuses to Extend Title VII Protection to Claim of Sexual Orientation Discrimination

Federal Appeals Court Refuses to Extend Title VII Protection to Claim of Sexual Orientation Discrimination

In the last year, I have twice posted on the topic of whether federal statutory protections against discrimination on account of “sex” will be extended to claims of sexual orientation discrimination. [10/29/15 and 3/21/16 posts] This topic became a regular subject of discussion among employment law practitioners and their clients following the U.S. Supreme Court’s decision in 2015 requiring states to provide marriage rights to same sex couples.

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