Proving Effective Communication With Deaf Patients
By Don Benson, Esq. and Eric Hoffman, Esq. When accommodating a deaf patient, what evidence proves effective communication under Title III of the Americans with Disability Act (“ADA”) and Section 504 of the Rehabilitation Act (“RA”) o
Is “Hispanic” A Race Or An Unprotected Ethnicity Under § 1981 And Title VII?
By Don Benson, Esq. The Second Circuit issued an opinion on February 16, 2016, holding that “Hispanic” is a race for the purposes of both 42 U.S.C. §1981 and 42 U.S.C. § 2000e, Title VII. Village of Freeport v. Barrella, 814 F.3d 594 (
The ADA and Job Transfers
Written by: Don Benson, Esq. On December 7, 2016, the Eleventh Circuit Court of Appeals found that a Hospital did not violate the Americans With Disabilities Act when it refused to allow a disabled employee to transfer to another, open position
Injunction Stops New DOL Rule Increasing Salary Level Test: Now What?
Written By: Don Benson, Esq. Many employers have been asking what is next step for them in light of the injunction issued 112/22/16 in the U.S.D.C. Texas holding that the DOL may not impose the new higher salary level for jobs exempt from overt
Do Employees Get Time Off to Vote?
Written by: Don Benson, Esq. With every election, employers need to revisit their rules on letting employees off to vote, and whether such leave needs to be paid leave. For the most part, this will be governed by the state law of where the empl
Congressional Move to Delay DOL’s Overtime Rules
Written by: Don Benson, Esq. Despite the threat of a presidential veto and numerous Democratic objections, the U.S. House of Representatives voted 246-to-177 on September 28, 2016 to delay by an additional six months the U.S. Department of Labo
OSHA PENALTIES INCREASE August 1, 2016
Written by: Don Benson, Esq. Congress enacted legislation in November of 2015 requiring federal agencies to adjust their civil penalties to account for inflation. OSHA’s maximum penalties were last adjusted in 1990. The new penalties will inc
OSHA’s New Rule On Post-Injury Drug Testing
Written by: Don Benson, Esq. and Sam Sykes, Esq. OSHA’S NEW ELECTRONIC DATA REPORTING REQUIREMENTS, (29 CFR § 1904.35(b)(1)(i)), effective August 10, 2016, also restrict an employer’s ability to impose a blanket demand of post-injury dr
New Guidelines For Treatment of Transgender Students
Written by: Sean Cox, Esq. and Don Benson, Esq. This month the United States Departments of Education and Justice issued Guidelines intended to direct educational institutions in how Title IX requirements apply to transgender students, or stu
New Federal Trade Secrets Law Almost Here
Written by: Don Benson, Esq. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation. On April 4