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Employee Can’t Skip Flu Vaccine on Religious Grounds

A Massachusetts federal court ruled recently that a hospital worker was not exempt on religious grounds from a mandatory flu immunization requirement for direct patient-care positions. Leontine Robinson, who handled patient intake and registration in the emergency room, ...

New Overtime Salary Threshold May Be Dropping

After months of preparing for the new salary threshold for overtime exemption, we hear the threshold may drop a bit and that all of the new exemption changes may now be enacted in a matter of weeks. ...

Driving an Essential Function? Job Description is Key

  • Apr 19, 2016
  • ADA
  • Dennis J. Merley

If an employee drives to meet with clients for most of the average work day, is driving considered an essential function of the job?  Perhaps not, said one federal appeals court. Whitney Stephenson was a ...

Court Weighs in Against Obesity as ADA Disability

  • Apr 12, 2016
  • ADA
  • Dennis J. Merley

The Federal 8th Circuit Court of Appeals refused to recognize obesity as a covered disability under the Americans with Disabilities Act (ADA). They did acknowledge, however, that obesity could be considered a disability if it is caused ...

Judges and Teens Agree: Eye Rolling is Not Harassment

The 8th Circuit Court of Appeals (which hears Minnesota cases) has rejected an employee’s claim that she was unlawfully harassed because, among other things, management rolled their eyes at her and acted exasperated when she walked by. ...

You Could Be Liable for a Contractor’s Overtime

Citing the expansive definition of the term “employ” under the Fair Labor Standards Act (“FLSA”), the Department of Labor (“DOL”) recently issued an Administrative Interpretation stating that a company may be considered a “joint employer” ...