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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
June 15, 2020

Supreme Court Issues Landmark Ruling, Extending Federal Anti-Discrimination Protections to the LGBT Workforce

This morning, SCOTUS issued its decision in Bostock v. Clayton County, Georgia, a case heard during the first week of its current term.  In the decision, the Court extends anti-discrimination protections in the workplace to LGBT employees, in a 6-3 decision written by Justice Gorsuch and joined by Chief Justice Roberts. 

Employer Law Blog
July 22, 2015

Suspicions and Assumptions About an Applicants Religious Practices Can Lead to Title VII Liability for Employers

The Supreme Court recently ruled in E.E.O.C. v. Abercrombie & Fitch Stores, that a job applicant only had to show that the need for a religious accommodation was a motivating factor in the prospective employer's decision to not hire the applicant in order to prove a violation of Title VII of the Civil Rights Act, and not that the employer had actual knowledge of the applicants need for an accommodation based upon one's religious practice. Title VII prohibits a prospective employer from refusing to hire a applicant because of the applicant's religious practice when the practice could be accommodated without undue hardship.

Employer Law Blog
April 9, 2015

Department of Labor’s New Interpretation of FLSA’s Administrative Exemption to Mortgage Loan Officers Upheld by U.S. Supreme Court

The United States Supreme Court recently issued its ruling in Perez v. Mortgage Bankers Association, upholding a Department of Labor (“DOL”) interpretation regarding the status of mortgage loan officers as non-exempt under the Fair Labor Standards Act (“FLSA”). At issue was whether the DOL could alter its position regarding whether mortgage loan officers qualify for the administrative exemption under the FLSA without adhering to the notice-and-comment rulemaking process set forth in the Administrative Procedure Act (“APA”).

Employer Law Blog
March 18, 2015

U.S. Supreme Court Rejects Challenge to DOL “Administrator’s Interpretation” That Mortage-Loan Employess Are Non-Exempt Hourly Employees

In 2004, the Department of Labor (“DOL”) updated its regulations addressing the various white collar overtime exemptions. In part, the DOL identified a number of employees which may be exempt under the “administrative exemption.” One of the specific examples listed in the regulations, 29 CFR § 541.203(b), were employees “in the financial services industry,” provided such employee did not have as his or her primary duty the selling of financial products.