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Another Circuit Court of Appeals Weighs in on Obesity and the ADA

The Americans with Disabilities Act (“ADA”) prohibits employers from discriminating against qualified individuals (such as applicants and employees) on the basis of a disability.  To prevail on an ADA claim, one must first show that he/she is disabled with a physical or mental impairment that substantially limits one or major life activities, has a record … Read More

Highs and Lows of the EEOC’s FY18 Statistics

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal employment laws that make it illegal to discriminate against an employee or job applicant due to a person’s race, religion, sex, national origin, age (40 or older), color, disability or genetic information. This month the EEOC released data for charges filed during fiscal … Read More

Increase to Minimum Salary Under Federal Overtime Law May (Finally) Be Coming

After a federal judge shot down the Obama administration’s proposed changes to the Fair Labor Standards Act (FLSA), actual change is on the horizon. On March 7, 2019, the Department of Labor’s Wage & Hour Division released a new proposal to update the FLSA’s out-of-date salary threshold. Set back in 2004, the FLSA white-collar exemptions … Read More

Judge for a Day

On March 2, 2019, Attorney Jill Walsh had the honor of returning to serve as judge for the American Bar Association’s National Appellate Advocacy Competition, one of the most prestigious moot court competitions in the nation. Top law students from around the country participated in appellate arguments before judges sitting as the Supreme Court. The … Read More

Grocery Store to Pay Up Following Department of Labor Investigation

After an investigation by the U.S. Department of Labor (DOL), El Grande Supermarket of Tampa Florida will pay $198,039 in back wages and damages to 17 employees.  This is a sizable payout in light of the small number of employees! The DOL’s Wage & Hour Division found that the store violated minimum wage, overtime and … Read More

NJ Employers & Employees: Listen Up…Changes Coming to NJ Family Leave Laws

On February 19, 2019, Governor Phil Murphy signed legislation amending and significantly expanding the New Jersey Family Leave Act (NJFLA) and New Jersey Family Leave Insurance Law (NJFLI).  Here is a brief overview of the changes to come. NJFLA: The law currently allows employees who meet eligibility requirements and who work for a covered employer … Read More

Software Maker Oracle Accused of Underpaying Women and Minorities by $400+ Million

In a case being pursued by the U.S. Department of Labor, as part of its examination of government contractor pay practices, Oracle is accused of underpaying roughly 16,000 employees by nearly 25 percent between 2013-2016. Affecting primarily Asian and female employees, the pay disparity partly stems from Oracle setting salaries based on prior salaries. Asking … Read More