Courts Grapple with Actionable Harm After Muldrow

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A prior BeLabor the Point posting discussed the US Supreme Court’s re-calibration of what is considered to be an actionable harm under federal anti-discrimination laws in the 2024 opinion in Muldrow v. City of St. Louis. As a follow up to that article, we conducted a survey of where courts across the country are drawing the line between an actionable harm and an insignificant harm in discrimination cases.

Ultimately, courts appear to be struggling with this line-drawing exercise in the wake of Muldrow and are giving much greater deference to allegations which raise harm or disadvantage, even if it may be insufficient to materially alter the terms and conditions of employment under the historical standard. It is important to note that the harms listed below as sufficient for the case to proceed, as with the harms in Muldrow, do not establish liability, they are merely sufficient to survive early dismissal. The examples below are pulled from various court opinions around the country applying the Muldrow approach.

REGISTER NOW! 2024 Miami Labor & Employment Law Update

By Stearns Weaver Miller on September 11, 2024 Posted in Employee & Management Counseling, Employee Benefits & Compensation, Labor Law, Legislation & Regulations, Wage & Hour/Employee Classification

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We are excited to host our Miami Labor & Employment Law Update (half-day) in person this year.

Find out more and register below. We are also planning our 2025 Miami Labor & Employment Law Seminar (full-day) for the spring – stay tuned for details!

CLICK HERE TO REGISTER

WEDNESDAY, OCTOBER 16, 2024

Stearns Weaver Miller | 150 West Flagler St. Miami FL 33130

8:30 a.m. – 9:00 a.m. | Registration & Breakfast

9:00 a.m. – 12:30 p.m. | Presentations

12:30 p.m. | Lunch

USCIS Extends TPS for Haitian Nationals Employment Authorization Documents Automatically Extended

By Glenn Rissman on July 2, 2024 Posted in Immigration, Legislation & Regulations

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The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from August 4, 2024 to February 3, 2026. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary negative conditions, such as armed conflict or an environmental disaster, that prevent nationals of that country from returning safely or prevent the country from handling their return adequately. There are currently several countries designated for TPS, including El Salvador, Nicaragua, Honduras, and Haiti.

Qualifying individuals from Haiti may re-register for TPS status by filing Form I-821 during the period from July 1 to August 30, 2024. Applicants can also apply for a new Employment Authorization Document (EAD) by submitting Form I-765.

The Day the Universe Changed

By Eric Gabrielle on June 28, 2024 Posted in Disability & Leave, Employee Benefits & Compensation, Employment Contracts & Corporate Issues, Legislation & Regulations, Wage & Hour/Employee Classification

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Way back in the 1980s, the BBC and PBS broadcasted a documentary TV series with this title, devoted to explaining how critical scientific discoveries and advances in technology fundamentally changed the way we understand the world.

A change to the universe of the American workplace happened today at the Supreme Court of the United States. The Court issued a long-anticipated decision certain to have cascading effects on many long-standing legal rules we are accustomed to.

In particular, the Court overruled a forty-year old case called Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. That 1984 case was the source of the legal doctrine known as “Chevron deference” – which is (or more accurately now, was) what prompted courts to defer to interpretations of federal law made by federal agencies charged with the administration and enforcement of federal statutes.

Federal agencies like the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA). Much of the work of these federal agencies and others involves determinations made by agency officials, presumably with special expertise in the area of the agency’s mission.

The EEOC Final Rule on the Pregnant Workers Fairness Act Takes Effect

By Thomas Raine and Lisa Berg on June 18, 2024 Posted in Disability & Leave, Discrimination & Harassment, Employee & Management Counseling, Employee Benefits & Compensation, Legislation & Regulations

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Starting today, June 18, 2024, the Equal Employment Opportunity Commission (EEOC) will enforce new regulations under the Pregnant Workers Fairness Act (PWFA). With this in mind, employers should familiarize themselves with the EEOC’s final rule and interpretive guidance to better understand their obligations under the PWFA and how the EEOC will interpret and enforce the law in the future.

The PWFA, which became effective on June 27, 2023, was enacted to fill gaps left by the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) by mandating reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions. The PWFA specifically requires private and public employers with 15 or more employees to provide reasonable accommodations to employees and applicants with “known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause undue hardship on the operation of the employer’s business” regardless of whether the accommodations are provided to similarly situated employees.

Beat the Heat!

By Stearns Weaver Miller on June 7, 2024 Posted in Employee & Management Counseling, Employee Benefits & Compensation, Employment Contracts & Corporate Issues, Legislation & Regulations

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In case you missed it, May 31 was Heat Awareness Day and June 2 was Global Heat Action Day. Who knew? This national and global awareness of heat is a function of more frequent extreme heat which can be a health hazard to those who are not careful. To assist the public, the Center For Disease Control and Prevention recently launched a new heat tracking tool called the Heat and Health Index which will help the public learn more about local heat exposure, health related consequences of heat exposure and how people can protect themselves during extreme heat events. For people who work outside, extreme heat can be a real health hazard. So as we approach summer, it’s important to be mindful of employee working conditions for those who work outside or around machinery which emits heat. Heat related illnesses and fatalities are preventable, and the law requires employers to provide safe working environments. Here’s a quick overview:

Prepping for Hurricane Season!

By Glenn Rissman on May 31, 2024 Posted in Employment Contracts & Corporate Issues, Legislation & Regulations, Wage & Hour/Employee Classification

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With apologies to T.S. Eliot, June is the cruelest month in Florida. It is time to start thinking about hurricanes again. Even if we are blessed with a storm-free six months, no doubt there will be a few near misses that will ramp us all up into prep mode. Here are some reminders on how to prepare your business for the new hurricane season.

FTC Rule Banning Non-Compete Clauses Effective on September 4, 2024

By Glenn Rissman on May 14, 2024 Posted in Employment Contracts & Corporate Issues

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On April 25, we posted a blog on the Federal Trade Commission’s new rule that will retroactively ban most non-compete agreements and prohibit such agreements going forward, with limited exceptions. At the time we posted, the date the new rule would go into effect was not clear as the FTC needed to file the rule in the Federal Register-the U.S. government’s daily gazette that publishes new rules from federal agencies, among other items. The FTC said that once it made this filing, the rule would take effect 120 days later. Last Tuesday, May 7, the FTC filed the rule in the Federal Register. And so, the 120 days began to run from that date and will be effective on September 4, 2024.

See Non-Compete Clause Rule here. However, there are currently multiple federal lawsuits filed seeking to block the final rule from becoming effective, including one brought by the U.S. Chamber of Commerce. Therefore, it is unclear if the rule will take effect on September 4 or if it will be invalidated by the courts. As soon as we hear something, we will provide an update.

Two New Rules Could Have Profound Impact on U.S. Businesses

By Glenn Rissman on April 25, 2024 Posted in Employee Benefits & Compensation, Employment Contracts & Corporate Issues, Legislation & Regulations, Wage & Hour/Employee Classification

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Assuming they survive certain legal challenges, new rules issued by the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) could dramatically impact the relationship between employers and employees in the United States. The FTC has passed a rule banning non-compete agreements and prohibiting enforcement of non-compete agreements against most workers. The DOL rule significantly increases the salary threshold to qualify for an overtime exemption as an executive, administrative, or professional employee.

Employers Beware – Involuntary Job Transfers Can Support Discrimination Suits

By Melanie Leitman on April 22, 2024 Posted in Discrimination & Harassment, Employee Benefits & Compensation

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A recent U.S. Supreme Court case examined the question of whether an involuntary job transfer can be discriminatory even if the employee’s pay and job title remain the same. The answer? Yes. Historically, most courts, including the Eleventh Circuit, required an employee to have suffered a “significant” employment disadvantage from any involuntary transfer for an employee’s discrimination suit to survive. Under this standard, if an employee’s pay and title remained the same, a discrimination lawsuit would typically not survive.