The United States Supreme Court will decide three cases in October 2019 to determine if Title VII of the 1964 Civil Rights Act guarantees protections from workplace discrimination and harassment to employees on the basis of gender identity or sexual
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Fourth Circuit
Are Unpaid Interns Employees Under the FLSA?
On January 5, 2018, the United States Department of Labor announced that, going forward, it would utilize the “primary beneficiary” test for determining whether interns are employees under the FLSA, consistent with recent rulings from appellate courts. Its updated Fact…
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Failure to Accommodate Sincere Religious Beliefs Can Be a Costly Mistake for Employers
Last week, in the case of EEOC v. Consul Energy, Inc., the Fourth Circuit affirmed a $586,860 judgment for a coal miner who claimed that his employer (Consul Energy) failed to accommodate his religious beliefs and constructively discharged him…
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Next Stop: The United States Supreme Court
In an earlier post, we discussed President Trump’s second Executive Order (E.O.) aimed at restricting entry into the United States of certain foreign nationals. In a 10-3 decision, the Fourth Circuit Court of Appeals blocked President Trump’s E.O. stating…
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Breaking: Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors
As this blog previously covered here and here, the United States Department of Labor under President Obama cracked down on misclassification of workers as independent contractors and broadly interpreted who was considered a “joint employer.” Today, new U.S. Secretary of…
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