Department of Labor to Issue New FLSA Regulations, March 27, 2003
The U.S. Department of Labor will publish new regulations on March 31, 2003, concerning exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act. The current regulations are more than 25 years old, and they reflect the passage of time.
Check back in early April to see what these new regulations require. If you have any employees who are treated as exempt from overtime, you will want to examine the changes carefully. It is expected that the Department of Labor will raise the salary requirement, as well as modify the rules on docking salaries of exempt employees.
Supreme Court Takes No Action, March 25, 2003
The Supreme Court has allowed two controversial decisions to stand. In the first, a lower court decision awarding $81,000 to a car hauler for misconduct by the teamsters union was left undisturbed. The work stoppages were caused by the termination of a union steward for threatening to kill an employee. In the other case, the Court let stand a decision that an openly gay employee could pursue a sexual harassment claim against straight male co-workers and supervisors. Teamsters Local 604 v. Allied Systems, Ltd., No. 02-1078 (U.S. S. Ct., Mar. 24, 2003); MGM Grand Hotel v. Rene, No. 02-970 (U.S. S.Ct., Mar. 24, 2003).
Sexual Attractiveness Not Legitimate Job Requirement, March 24, 2003
A California appellate court has held that a supervisor cannot be fired for refusing to enforce a company rule on the sexual attractiveness of its employees. A male executive had ordered a female employee to fire another employee because she failed to meet his standards for sexual attractiveness. Because that standard was not applied to men, the order was found to be illegal. Because it was an illegal order, the supervisor could not be fired for refusing to carry it out. Yanowitz v. L'Oreal U.S.A., Inc., No. A095474 (Cal. Ct. App., Mar. 7, 2003).
Drunken Sex, March 21, 2003
The Ohio state highway patrol fired a probationary trooper, a female, for engaging in an evening of drinking and sex with her instructor. After her termination, she sued the Patrol for sexual harassment, noting that her instructor was a "significant authority figure." The court correctly ruled that consensual sex is not a basis for sexual harassment, regardless of the authority of the supervisor. The case does illustrate, however, that employees have no shame in bringing lawsuits against their former employer. Browning v. Ohio State Highway Patrol, No. 02AP-814 (Ohio Ct. App., Mar. 11, 2003).
National Labor Relations Act Trumps Maryland Law On Negligent Misrepresentation, March 14, 2003
Under the National Labor Relations Act, employees must give 10 days notice if they intend to strike a healthcare institution. Eight workers at a Maryland mental health clinic violated that 10 day requirement, and they were fired after engaging in a strike. The 8 employees sued the union, Operating Engineers Local 37, for negligent misrepresentation. In other words, the union negligently failed to tell them they could be fired.
Maryland's highest court ruled that the federal National Labor Relations Act preempts such a claim against a union. The court said that it was up to the National Labor Relations Board to decide the dispute. Law v. Operating Engineers Local 37, No. 83-2002 (Md., Mar. 14, 2003).
Osha Targets Defiant Employers, March 12, 2003
OSHA has announced a program to use automatic follow-up inspections for employers who consistently violate Occupational Safety and Health Administration regulations. Employers who are considered "defiant" are those who have received willful violations, repeat violations, failure to abate notices, or serious or willful violations related to a fatality.
Unacceptable Behavior Cannot Be Explained Away By Mental Disability, March 11, 2003
A federal appeals court has ruled in a 2-1 decision that an employee's unacceptable behavior can render him unqualified to perform a job, even if the behavior is caused by a mental disability. In the case before the court, the employee had a history of fighting with his co-workers, and he had also been diagnosed as having Attention Deficit Hyperactivity Disorder. The court found that the Employer did not have to tolerate the bad behavior. In addition, the court found that there was a lack of evidence that the disorder was "disabling." Calef v. Guilette Co., No. 02-1444 (1st Cir., Mar. 11, 2003).
Dirty Floors Unacceptable In Minneapolis, March 5, 2003
A federal appeals court has held that a Minneapolis hotel did not violate the Americans With Disabilities Act by firing a housekeeping supervisor who could not vacuum because of chronic neck and back pain. The court ruled that vacuuming was an essential job function, and that the employee could not perform it with or without reasonable accommodation. Alexander v. The Northland Inn, No. 92-1744 (8th Cir., Mar. 5, 2003).
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