Preliminary Injunction Denied as to OSHA Anti-Retaliation Rules

On May 12, 2016, new anti-retaliation rules published by OSHA were reviewed in this blog in an article entitled “What Employers Need to Know About OSHA’s New Anti-Retaliation Regulations!” The new rules were initially scheduled to become effective on August 10, 2016. On July 8, 2016, however, a lawsuit (Texo ABC/AGC, Inc. et al v. Perez, Civil Action No. 3:16-cv-01998-D) was filed by multiple industry plaintiffs in the U.S. District Court for the Northern District of Texas seeking to enjoin the implementation of the new rules. The suit alleges the new rules “are unlawful to the extent that they prohibit or otherwise limit incident-based employer safety programs and/or routine mandatory post-

Federal Court Issues Preliminary Injunction Blocking DOL Overtime Rule

Faulting the Department of Labor for issuing a regulation with an improper de-facto salary-only test, the U.S. District Court for the Eastern District of Texas today issued a preliminary injunction blocking new overtime rules scheduled to become effective on December 1, 2016. The new rules would have doubled to $47,500 the maximum salary an employee could earn and still be eligible for overtime pay under the Fair Labor Standards Act. READ OPINION HERE

The Far Reach of Title VII's Bar Against Gender Stereotyping!

Title VII of the Civil Rights Act of 1964 (“Title VII”) expressly prohibits discrimination in employment “because of sex.” In 1989, the U.S. Supreme Court in Price Waterhouse v. Hopkins held that Title VII bars not just discrimination because of biological sex, but also gender stereotyping – failing to act and appear according to expectations defined by gender. The Court specifically opined: “In the specific context of sex stereotyping, an employer who acts on the basis of a belief that a woman cannot be aggressive, or that she must not be, has acted on the basis of gender.” READ MORE

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