The U.S. Department of Labor recently changed the rule governing the obligation of private-sector employers and third-party consultants (including attorneys) to report “arrangements or agreements” between them where “an object” of the consultant’s/attorney’s services is to persuade employees in the exercise of their rights to be represented by a union […]
Labor & Employment Law Update
FMLA Updates
DOL Issues Employer Guide The Department of Labor (“DOL”) recently released “The Employer’s Guide to the Family and Medical Leave Act.” The DOL’s intent with the Guide is “to provide essential information about the FMLA, including information about employers’ obligations under the law and the options available to employers in […]
The Eighth Circuit Finds Obesity Unrelated to Physiological Condition is Not a Disability under the ADA
The United States Court of Appeals for the Eight Circuit recently found that BNSF Railway Company (“BNSF”) did not violate the Americans with Disability Act (“ADA”) when BNSF refused to hire an applicant on the basis of his obesity. The ADA defines disability as a physical or mental impairment that […]
Supreme Court Sets Accrual Date For Federal Employee Constructive Discharge Claims
On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, 578 U.S. ___ (2016), settling a split amongst the Circuit Courts and establishing the date from which the statute of limitations begins to run for a federal employee’s claim of constructive discharge under Title […]
DOL Releases Final Rule on Overtime Exemptions
DOL Releases Final Rule on Overtime Exemptions This morning the Department of Labor formally released its long-awaited Final Rule on Overtime Exemptions. So let’s cut to the chase: the new salary level is $47,476 per year ($913/week), annual increases will occur every three (3) years, and the effective date is […]

