The U.S. Department of Labor (DOL) issued a final rule, effective March 27, 2015, changing the definition of spouse for purposes of same-sex spousal leave under the FMLA. The former rule, a “place of residence” rule, stated that an employer was required to provide same-sex spousal leave to qualified employees under the FMLA only if the ...
On April 13, 2015, the U.S. Department of Justice's Civil Rights Division issued a ruling stemming from an investigation of the Gates-Chili Central School District (DJ No. 204-53-128) located in Rochester, New York. A complaint was filed against the school district by the parent of a student attending elementary school in the ...
Two high-profile bills pending in the Senate have failed to become law at the end of Kentucky’s 2015 regular legislative session.
In March, Kentucky’s House unanimously passed the Kentucky Pregnant Workers Fairness Act (House Bill 218), which would have required employers subject to the Kentucky Civil Rights Act ...
The Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), dictates that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same” as other employees who are “similar in their ability or inability to work.” The Act has two sections. The first section provides that employers ...
A recent opinion by a Federal Circuit panel demonstrates that three years can be a long time in the smartphone industry. MobileMedia Ideas, LLC v. Apple, Inc. targeted Apple’s iPhone products and determined, for now at least, the fate of claims in two patents owned by MobileMedia, a non-practicing holding company partially ...
Last week, the Lexington-Fayette Urban County Council joined a growing list of U.S. cities and local governments that are considering an increase in the minimum wage from $7.25 per hour to $10.10 per hour. If enacted, the proposed plan would take effect over the next three years and is expected to impact more than 31,000 ...
Various states have enacted laws legalizing marijuana in some form, either for medical purposes and/or recreational use. For those considering relocating, you might want to think about Alaska, Washington state, or Colorado. In Alaska, it is legal for adults 21 years and older to transport, buy or possess up to an ounce of ...
In an important ruling for employers, on February 27, 2015, the Kentucky Court of Appeals ruled that KRS 337.385 does not permit individuals to pursue claims for unpaid wages and overtime in Kentucky as class actions. See McCann v. The Sullivan University System, Inc., No. 2014-CA-000392-ME. The Court relied on the language ...
The House unanimously passed the Kentucky Pregnant Workers Fairness Act (HB 218), which would require employers subject to the Kentucky Civil Rights Act to provide reasonable accommodations for “pregnancy, childbirth, and related medical conditions.” It would also amend the Civil Rights Act to make it unlawful for employers to “fail ...
The Department of Labor issued a final rule yesterday that extends FMLA protections to eligible employees in same sex marriages so long as the marriages are legal where the ceremonies were performed. This is the so-called “place of celebration” rule. The former rule authorized FMLA spousal leave only if same-sex marriage was valid in the ...