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Supreme Court to review scope of Title IX protections

U.S. Supreme Court

The U.S. Supreme Court will review whether employees of federally funded educational institutions can sue their employers for workplace sex discrimination under Title IX, potentially resolving a disagreement among federal appeals courts.

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Federal court upholds unpaid leave as accommodation

Two of the four plaintiffs in Hoekman v. Education Minnesota worked as public school teachers

The 6th U.S. Circuit Court of Appeals has ruled that an Ohio school district did not violate the Americans with Disabilities Act or the Family and Medical Leave Act when it provided an employee with unpaid leave rather than paid sick leave to attend guide dog training related to her disability.

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Massachusetts court upholds retaliation verdict

Jury box

The Massachusetts Supreme Judicial Court has upheld a $1.31 million retaliation verdict, ruling that flawed jury instructions in the case did not warrant a new trial.

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Labor Department formally rescinds Biden-era overtime rule

US Department of Labor website

The U.S. Department of Labor has formally rescinded the Biden administration’s overtime rule that would have significantly increased the salary thresholds for white-collar overtime exemptions under the Fair Labor Standards Act.

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EEOC considers scaling back demographic workforce reporting requirements

Company documents

The Equal Employment Opportunity Commission is reportedly considering significant changes to longstanding workforce demographic reporting practices, including potential reductions to collection of race, sex and ethnicity workforce data used in federal anti-discrimination enforcement.

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Company accused of using per diem structure to avoid overtime obligations

Employee being handed paycheck

A Georgia-based aviation staffing company has been sued under the Fair Labor Standards Act and North Carolina wage law over allegations that it used a “per diem” compensation structure to avoid properly paying overtime to mechanics and technicians.

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IVF accommodation rollback could create employer confusion

Pregnant employee

A group of Democratic senators has urged the U.S. Equal Employment Opportunity Commission to retain language in its Pregnant Workers Fairness Act regulations expressly referencing in vitro fertilization and other fertility treatments, warning that removing the language could create confusion for employers and employees alike.

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Overly burdensome FMLA processes may support an interference claim

Documents flying around in the air

A federal appeals court has indicated that an employer’s administration of leave under the Family and Medical Leave Act may give rise to an interference claim where the process itself becomes overly burdensome, even if leave is not formally denied. ...

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DOJ alleges sham process excluded U.S. workers in favor of visa holders

U.S. visa

The U.S. Department of Justice has filed a complaint against a software company, alleging that it used a separate and ineffective recruiting process to deter U.S. workers from applying for certain roles while favoring foreign workers seeking permanent residency.

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