The recent IRS Notice 2014-19 provides much needed guidance on how qualified retirement plans should treat the marriages of same-sex couples following the Supreme Court’s decision in United States v. Windsor. The Windsor decision invalidated Section 3 of the 1996 Defense of Marriage Act (“DOMA”) that barred married same-sex couples ... Read More »

As most employers (hopefully) know, the Americans with Disabilities Act (ADA) requires them to provide disabled employees with reasonable accommodations that allow the employees to perform their jobs. The ADA’s regulations are complex, however, and we often get questions from employers about when, why, or how they should accommodate a ... Read More »

The internet can be an excellent resource, but it can also be a very dangerous resource. Recently, the EEOC issued an advisory letter addressing a sample ADA policy and sample forms for responding to an accommodation request that were posted on a state agency’s website. Although the sample policy and forms were posted ... Read More »

In a decision issued May 1, 2014, the United States Court of Appeals for the Sixth Circuit in Bacon v. Eaton Corp., 6th Dist No. 13-1816, found that eight former industrial supervisors at a Michigan plant could proceed with their claims for unpaid overtime compensation and damages under the Fair ... Read More »

Several members of the NFL’s Buffalo Bills cheerleading team, known as the Buffalo Jills, have collectively filed suit against the organization and two private entities, alleging multiple violations of New York state labor laws. The women, who were members of the Jills between 2011 and 2013, raised eight separate causes ... Read More »

On Tuesday, May 6, 2014, the Obama administration unveiled proposed rules that would grant employment authorization to spouses of skilled workers (H-1B visas holders) that have been sponsored by their employers for permanent employment in the United States. Currently, 85,000 new H-1B visas are issued each year, 20,000 of which ... Read More »

In October 2011, James Hoover, assistant superintendent in charge of operations at the City of Elyria’s water pumping plant, made several racially discriminatory comments toward Lamont Jackson, an African-American, part-time employee; calling him “Black Buck,” “Big Black Buck,” and “BBB” throughout the work day. These comments were made in front ... Read More »

Companies that think only union employees can go on strike are sorely mistaken. Non-union employees can and do strike – oftentimes as part of a broader union organizing strategy. An auto parts supplier in Toledo, Ohio recently learned this the hard way. Workers at Piston Automotive, an important parts supplier ... Read More »

The National Labor Relations Board (NLRB) recently held that an employer’s policy prohibiting “negative comments” and requiring “positive and professional” behavior was unlawful. Read More »