Karl J. Sutter,
Partner

Blog

https://www.employerlawreport.com/

Recent Blog Posts

  • United States Supreme Court makes it easier to get discrimination cases into court By Arslan Sheikh    The U.S. Supreme Court ruled recently that Title VII’s administrative exhaustion requirement – whereby an employee must file a claim with the EEOC prior to filing a lawsuit – is not a jurisdictional rule. This means that the employee’s failure to file a charge does not automatically mean the case cannot go to court. Instead, the employer must raise the “failure to file” issue as an affirmative defense and do so in a timely fashion. The case is... More
  • Supreme Court to determine if Title VII prohibits discrimination based on gender identity By Adam Bennett    This fall the Supreme Court will hear the case of EEOC v. R.G. & G.R. Harris Funeral Homes, in which it will decide whether Title VII prohibits discrimination on the basis of gender identity. The case is on appeal from a 2018 decision of the Sixth Circuit Court of Appeals.  EEOC v. R.G. & G.R. Harris Funeral Homes. In Harris Funeral Homes, a former employee of a funeral home was terminated after she transitioned from male to female.... More
  • Court ruling puts administration’s immigration policy on hold By Rob Cohen    On Friday, May 3, a Federal District Judge in North Carolina enjoined the Trump Administration’s effort to change the immigration policy on “unlawful presence” as it is applied to foreign students, in Guilford College et al. v. McAleenan, et. a.l. The concept of unlawful presence was first introduced into the immigration laws in 1996 to impose a penalty on those who remain in the U.S. after their authorized period of stay expires. This penalty, a bar, known as... More
  • UPDATE: EEO-1 reporting; Now open for business By Jourdan Day    Pay Data Required by September 30, 2019 Further action has occurred in the National Women’s Law Center v. Office of Management and Budget case, about which we reported here. Employers will need to report 2018 pay data to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While it is clear that employers will be required to report 2018 pay data later this year, it is unclear whether pay data for 2017 will also be required at that time. The EEOC... More
  • Cincinnati bars questions about salary history By Rachel Burke    In March 2019, the City of Cincinnati became the latest in a small but growing list of states and municipalities prohibiting employers from asking prospective employees about their prior compensation. Citing concerns about the perpetuation of pay discrimination against women in the workforce, the legislation bars Cincinnati employers with 15 or more employees from asking applicants for positions in Cincinnati for their salary histories. What does the law say? The law prohibits employers from: Asking for information about an applicant’s current... More
  • Standard for religious accommodation requests may get Supreme Court review By Mike Underwood    Requests for religious accommodations at work can involve a wide range of issues including schedule changes, relief from weekend or overtime work, breaks to accommodate prayer or other religious practices, dress code accommodations and even tattoos. Religious accommodations must be granted if they are “reasonable.” Currently employers have a pretty low hurdle to cross when arguing that a requested accommodation is not reasonable. The U.S. Supreme Court is sending signals that hurdle may become higher. “Undue burden” In religious accommodation... More
  • EEO-1 reporting; Now open for business By Jourdan Day    UPDATE – Pay Data Required by September 30, 2019 Further action has occurred in the National Women’s Law Center v. Office of Management and Budget case, about which we reported here. Employers will need to report 2018 pay data to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While it is clear that employers will be required to report 2018 pay data later this year, it is unclear whether pay data for 2017 will also be required... More
  • DOL seeks to limit joint employer liability for wage and hour claims By Adam Bennett    On April 1, 2019, the Department of Labor (DOL) announced a proposed rule to narrow the definition of a “joint employer” under the Fair Labor Standards Act (FLSA). Because joint employers are jointly and severally liable for wage and hour claims brought under the FLSA, the change could have a significant impact on wage and hour litigation as we know it, offering franchisers and businesses that hire workers through staffing firms a shield from liability for some minimum wage... More
  • Is your online application process a risk? By Mike Underwood    Do you solicit and accept employment applicants electronically? If so, assume a potential applicant has physical or other disabilities making it difficult for him or her to apply. Do you have a risk under the federal Americans with Disabilities Act, or under Ohio or other disability discrimination laws? You may. Kasper v. Motor Co. was decided March 22, 2019 by the Federal Court for the Northern District of Ohio. The case is good reason for all companies using online... More
  • DOL formally publishes notice of proposed rulemaking regarding salary threshold increase By Arslan Sheikh    Earlier this month, we reported that the United States Department of Labor (DOL) was reportedly set to propose a new regulation that would update time-and-a-half pay requirements for all hours worked beyond 40 hours a week. The Department’s proposed rule would raise the currently-enforced salary threshold, thus extending overtime protection to more workers. On March 7, 2019, the DOL issued a draft Notice of Proposed Rulemaking (NPRM) to update the salary threshold for overtime exemption from $23,660.00 annually to... More