Onik'a Gilliam-Cathcart

Gender Identity No Longer Protected Under Title VII

Employment

Following close on the heels of other Obama administration-era rollbacks (see Education Secretary Betsy DeVos’s recent announcement rescinding prior guidance as to the standard of proof to be applied under Title IX), Attorney General Jeff Sessions announced yesterday that it is the Department of Justice’s position under President Donald Trump that it will no longer interpret […]


Emma Kazaryan

The Enjoined DOL Overtime Rules Have Been Struck Down

Employment

Back in November, we reported that a federal judge in Texas issued an injunction blocking the implementation of the Department of Labor’s new overtime rules (the rules increased the minimum salary threshold for overtime exemption).  The rules were set to become law on January 1, 2017 but the injunction still applied at that time so […]


Workplace Compliance: I-9 Guidance for Employers of DACA Recipients

Employment

On June 15, 2012, President Barack Obama issued an executive order called Deferred Action for Childhood Arrivals (DACA).  Since 2012, DACA has allowed nearly 800,000 eligible noncitizens who were brought to the U.S. as children to apply for two years’ protection from deportation/removal, as well as employment authorization.  While the future of DACA is still […]


Emma Kazaryan

Ninth Circuit Holds that Employers May Use Salary History To Pay Men and Women Differently

Employment

Last month the Ninth Circuit held that employers may legally inquire into an employee’s or prospective employee’s salary history and use that information to pay men and women differently for the same work.  Despite the Ninth Circuit’s ruling, employers with a practice or policy of inquiring into applicants’ prior salaries should review their policies and […]


Karen Kalzer

EEOC Issues Workplace Guidance for Addressing Mental Health Conditions

Employment

On December 12, 2016 the EEOC issued new guidance to covered employers regarding accommodating mental health conditions under the Americans with Disabilities Act (ADA).  The new guidance makes clear that the EEOC regards certain mental health conditions as easily qualifying for a duty of reasonable accommodations.  These qualifying conditions include: major Depression, Post Traumatic Stress […]


Karen Kalzer

Reminder – New DOL Overtime Rules NOT in Effect

Employment

Helsell Fetterman wishes to remind all clients that the new regulations scheduled to go into effect today, December 1, WILL NOT go into effect today.  A Federal Judge in Texas issued an injunction last week blocking the implementation.  This injunction is nationwide.  It is unclear whether the regulations will be revived given the current political […]