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McBrayer Blogs

SCOTUS Opens the Door to “Reverse” Discrimination

Employers expecting good news from a largely pro-employer Supreme Court have just been dealt an unexpected headache. In a rare unanimous opinion, the United States Supreme Court opened the door a little further to claims of “reverse” discrimination in the case of Ames V. Ohio Department of Youth Services. The Court removed the requirement that plaintiffs claiming reverse discrimination must prove their claims with additional background circumstances that were not required for a traditional discrimination claim.  More >

The DOL's Final Rule for Overtime Salary Threshold is Dead in the Water

Employers can now breathe a sigh of relief. The U.S. District Court for the Eastern District of Texas has struck down nationwide the Department of Labor's (DOL) Final Rule for raising the minimum salary threshold for employees exempt from overtime pay, also known as "white collar overtime exemption" or "EAP exemption."  More >

FTC Ban on Noncompetes Struck Down

A Texas Court struck down the FTC's Rule banning noncompete agreements set to take effect on September 4th, 2024. The Court ruled that the FTC had overstepped its authority in implementing the Rule and further held that the Rule was overly broad because it provided no reasonable explanation for banning virtually all noncompete agreements.  More >

It's Official: FTC Issues Final Rule Banning Non-Competes

In a stunning move the same day the Department of Labor issued a rule raising the overtime salary threshold, the Federal Trade Commission issued its own long-gestating rule banning noncompete clauses nationwide. Employers should begin reviewing their contracts immediately to understand how this sweeping change will affect their workforce. More >

Dogs and Horses and…Alligators? Oh My! How to Handle Service and Support Animals in the Workplace

Recently, a Philadelphia man made news when he and his “emotional support alligator” were denied entrance to the Phillies stadium. That decision may seem obvious, but in recent years, issues surrounding support and service animals have become more complicated, especially in the workplace. More >

Supreme Court Remodels Title VII Religious Accommodations in Groff v. DeJoy

For nearly 50 years, the common test of religious accommodation from the Hardison v. Trans World Airlines, Inc. case was that, if a religious accommodation required more than a de minimis cost, it was asking too much of an employer under Title VII. In Groff v. DeJoy, the Supreme Court of the United States  decided that this standard needs a reset, and employers may be in for a few changes. More >

A Day in the Life Working from Home – What Time is Compensable?

Nearly three years after it suddenly became a necessity for many employees to work from home, it’s clear that teleworking isn’t going anywhere. Many employers have chosen to allow for remote or hybrid work arrangements—but in the “work from home” era, issues like timekeeping for non-exempt employees can get a little fuzzy. We’ll walk you through a teleworking employee’s day and give you the rundown on what is compensable time under the Fair Labor Standards Act (FLSA), what isn’t, and tips for making sense of it all. More >

Beat the Heat with a Workplace Safety Plan

This summer is proving to be another hot one in many parts of the country, which means the odds of workplace illnesses and injuries relating to excessive temperatures are much higher. In April, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program focused on addressing workplace heat hazards, which will entail OSHA conducting inspections to identify heat-related hazards in workplaces both indoors and outdoors. Employers should have a plan to avoid liability for heat-related illnesses and to be prepared should such an inspection occur. More >

An Employer's Guide to Intermittent FMLA Leave

Through the Family and Medical Leave Act (FMLA), certain employees are entitled to 12 work weeks of unpaid leave under specific medical or family circumstances, such as parental leave or a serious health condition. In some cases, employees eligible under FMLA take their 12 weeks of leave all at once. However, FMLA does not require leave to be used in a single block. Employees with qualifying circumstances may take their allotted leave in smaller increments that amount to as much as 12 work weeks over a 12-month period—but this “intermittent leave” can cause numerous headaches for employers. It’s important for employers to understand how intermittent leave works and how to best handle its effects in the workplace. More >

School's Out, Work's In--Considerations for Seasonal Employment

As summer approaches, many businesses will be thinking about hiring seasonal employees. Whether those are high schoolers looking for pocket change, college students in need of internship credits, or just more sets of hands to assist with the busy months, specific considerations need to be made for your seasonal workers to assure legal compliance. More >

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