The federal Pregnancy Discrimination Act of 1978 (PDA)[i] expanded the definition of sex discrimination under Title VII to include pregnancy discrimination, requiring that employers treat “women affected by pregnancy, childbirth, or related...
Labor and Employment
Changing Definitions of “Marriage” in the Workplace
Indiana’s Defense of Marriage Act (DOMA), which prohibited same-sex marriage and refused to recognize same-sex marriages from other states, was ruled unconstitutional on June 25, 2014. Chief Judge Richard L. Young entered a final judgment in...
Indiana Proposed Legislation
I do my best to stay up to date with developments in the law. A couple of weeks ago, I posted an entry relating to federal legislation that is proposed that will impact employers. In turn, I chose to review proposed state legislation relating...
Proposed Employment Legislation
As the new year begins, it is always interesting to see what lawmakers have in store for the coming year. One of the more interesting things to review are pieces of proposed legislation currently in play in Washington D.C. that could have a...
7th Circuit Rejects Conciliation Affirmative Defense in Title VII Action
The Seventh Circuit Court of Appeals, which covers Indiana, Illinois, and Wisconsin (7th Circuit) went against a strong trend in litigation involving Title VII of the Civil Rights Act of 1964. The 7th Circuit rejected the use of an affirmative...
7th Circuit Rejects Failure to Conciliate Affirmative Defense in Title VII Action
The Seventh Circuit Court of Appeals, which covers Indiana, Illinois, and Wisconsin (7th Circuit) went against a strong trend in litigation involving Title VII of the Civil Rights Act of 1964. The 7th Circuit rejected the use of an affirmative...
Non-Employee Classifications
About once a year, I feel compelled to address a common problem in employment matters - “non-employee” misclassification. This occurs for a couple of reasons. First, I spend a lot of time every year speaking with clients regarding...
ACA Impact on HRAs
Any employer who has Health Reimbursement Arrangements (HRAs) needs to take time to review its employee benefit plans to ensure the plans satisfy current requirements under the Affordable Care Act (ACA). HRAs Generally:HRAs are generally...
ERISA Class Action
A recent class action lawsuit caught my attention as I was reading the morning legal updates. It is interesting because it was filed by a group of surgery centers against roughly three hundred (300) employers. The defendants include large...
Protecting Your Business Through Restrictive Covenants
Employers who want to protect their businesses should consider using restrictive covenants. The most common restrictive covenants include non-compete agreements, non-solicitation agreements, and confidentiality agreements. Careful...
Home Care Workers – New DOL Regulations
The United States Department of Labor (DOL) has issued final rules extending minimum wage and overtime protections under the Fair Labor Standards Act (FLSA) to home care workers employed by third party employers. These regulations have been in...
Highlights: Interns, FMLA Regs, Minimum Wage
Today we want to hit a few of the highlights that have occurred in the employment law arena over the last couple of weeks. While there are many stories that have come out, the most compelling to me include interns, the new Family and Medical...