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The Paley Rothman Blog

Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys. The information in the blogs and articles is not a substitute for legal advice and should not be relied on as such. Should you have any questions or want legal advice, please contact the attorney who wrote the blog or article.

Employment Law
metal detectors

Supreme Court Holds Anti-Theft Screening Non-Compensable Under FLSA

On December 9, 2014, the Supreme Court ruled unanimously in Integrity Staffing Solutions v. Busk, 134 S.Ct. 1490, 188 L. Ed. 2d 374 (2014), that workers do not have to be paid overtime for time their employer required them to spend at the end of their shifts to go through anti-theft screenings, rejecting the plaintiffs’ assertion that they were entitled to be paid under the Fair Labor Standards Act and Nevada law.

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Employment Law

Supreme Court Agrees to Hear Key Employment Cases:  What This Will Mean for Employers

The Supreme Court agreed to hear a controversial case next year on the EEOC’s obligation to conciliate or negotiate with employers prior to the EEOC filing suit. While most EEOC charges result in the individuals seeking private counsel to pursue their claims, if the EEOC itself seeks to sue your company, Title VII of the Civil Rights Act of 1964 requires the EEOC to conciliate in good faith before bringing suit.

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Employment Law

Supreme Court Term Ends with Employment Decisions:  What They Mean for Employers

On its last day of the term, the Supreme Court for the first time ruled, 5-4, that privately held corporations can have religious beliefs and concluded that the government cannot make all private employers cover the cost of contraceptive services. This decision undercuts a provision of the Affordable Care Act (“ACA”) that requires that certain preventive services, including birth control, be included in all health insurance plans.

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Employment Law

Temporary Impairment a Disability under ADA

Take-away: Temporary but sufficiently severe impairments, whether caused by injury or permanent conditions, should be considered disabilities for purposes of the ADA and for triggering the employer’s obligation to engage in the interactive process. On January 23, 2014, in Summers v. Altarum Institute, Corporation, (Case No. 13-1645, 4th Cir., January 23, 2014 ), the United States Court of Appeals for the Fourth Circuit held, in a case of first impression, that a temporary impairment, if sufficiently severe, can qualify as a disability under the ADA and the ADAAA, triggering a reasonable accommodation obligation for the employer.

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