John R. Richards

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Broadening the Scope of LGBT Rights Under Title VII: A Practitioner’s Guide to Zarda v. Altitude Express

On Feb. 26, 2018, the U.S. Court of Appeals for the Second Circuit handed down an en banc ruling in the case of Zarda v. Altitude Express, holding in a 10-3 decision that Title VII prohibits discrimination on the basis of sexual orientation.  Addressing a case in which a sky diving instructor was allegedly terminated … Continue Reading

Avoiding Holiday Season Employment Headaches

As the holiday season approaches, employees look forward to time with family, vacations, and holiday festivities, all of which can mean requesting more time off or calling in sick.  For retailers, however, the holiday season typically means increased customer demand, staffing challenges, and potential for more wage and hour exposure.  Given these issues – and … Continue Reading

Court Invalidates DOL Overtime Rule, Holds Increased Salary Test is Contrary to Congressional Intent and Exceeds DOL Authority

On Nov. 22, 2016, a Texas federal court stayed implementation of the U.S. Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements under the Fair Labor Standards Act (FLSA).  On Aug. 31, 2017, the same court declared that … Continue Reading

Employer Guidance – National Immigrant Protests

In connection with “National Day without Immigrants” held on Thursday, Feb. 16 and Friday, Feb. 17, immigrant employees as well as supporters and sympathizers may have requested time off or, in some instances, called in sick from work to attend protest-related events and activities. Supporters called on the public to refrain from working, opening businesses, … Continue Reading

Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly ‘Supplants’ Duties Tests

The proposed overtime rules will not go into effect on Dec. 1. In a closely-watched case brought by 21 states (and joined by numerous business organizations) challenging the Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements (set … Continue Reading

Supreme Court OKs Review of EEOC Conciliation: Practical Implications for Employers

Under Title VII, if the EEOC issues a cause finding, it must then try to remedy the alleged unlawful employment practice through “informal methods of conference, conciliation and persuasion.”  42 U. S. C. §2000e–5(b).  If, and only if, it is unable to obtain a conciliation agreement that is “acceptable to the commission,” may the agency … Continue Reading
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