Monthly Archives: August 2017

UNCERTAINTY ON OVERTIME SALARY THRESHOLD — CERTAINLY PLENTY OF WAYS TO MESS UP

As we previously discussed here, in November of 2016, a Texas federal judge granted a nationwide injunction to prevent the Department of Labor (DOL) from increasing the minimum salary threshold for employees exempt from the overtime requirement.  The Labor Department appealed the decision, but briefing was stayed to allow the new administration to form a stance on the policy.  In its recent briefing, Trump’s Department of Labor indicated that it intends to consider raising this threshold, but that the spike formulated by the Obama administration was too high, and the DOL would not defend or enforce that new threshold.  Read More »

THE CHANGING LANDSCAPE OF SEXUAL ORIENTATION DISCRIMINATION LAW

From the time Congress passed the Civil Rights Act of 1964 until earlier this year, federal courts have consistently held that the Act’s protections against employment discrimination did not apply to discrimination on the basis of sexual orientation. However, in March, the Seventh Circuit Court of Appeals (which covers Wisconsin, Illinois, and Indiana) became the first court to rule the other way, holding that Title VII of the Civil Rights Act’s prohibition against discrimination on the basis of sex includes discrimination based on sexual orientation. What has occurred in federal courts in the wake of that decision, however, has only muddied the waters. Read More »

PENNSYLVANIA SHORT CIRCUITS MANDATORY PAYROLL DEBIT CARD

Like most states, Pennsylvania has a Wage Payment and Collection Law. This law requires employers, on regular pay days designated in advance, to pay wages owed either by lawful money of the United States or by check. The Act defines the term check as a “draft.” While the terms “draft” and “lawful money” are not defined, the common definition of these terms accepted by the courts respectively is an unconditional written order signed by one person directing another to be paid, and officially coined or stamped currency. Obviously, in 1961 when the Act was written, the legislature did not contemplate today’s e-economy or the use of payroll debit cards. Read More »

DO YOU PASS THE TEST? NEW SAFER WORKPLACES ACT EXPANDS AND LIMITS DRUG AND ALCOHOL TESTING

As noted in our June 2017 Employment Law Letter, the West Virginia Legislature passed the West Virginia Safer Workplaces Act. The new law, which went into effect on July 7, 2017, generally expands the circumstances under which employers may conduct drug and alcohol testing, with some important limitations.  If your business conducts drug or alcohol testing, now is a good time to revisit your policy and consult with your attorney to ensure that it is compliant with the new law.  Here, we will summarize the new law, including what it permits and what it prohibits. Read More »