03 October 2019

U.S. Supreme Court to Provide Clarity on LGBT P...

On October 8, 2019, the United States Supreme Court is set to hear a trio of cases that present related questions about the scope of Title VII, the federal civil rights legislation that prohibits discrimination in employment.  The consolidated case of Zarda v. Altitude Express and Bostock v. Clayton County will determine whether sexual orientation […]

27 September 2019

EEO-1 Component 2 Deadline Is Upon Us

If you haven’t already filed your EEO-1 Component 2 report, it’s time to check that off your to-do list.  The deadline is fast approaching.  Employers are required to turn over this worker pay and hours data to the EEOC by September 30, 2019. How did we get here? This past Spring, a federal district court […]

26 September 2019

DOL Releases New Rules Increasing the Salary Th...

On September 24, 2019, the U.S. Department of Labor released a new rule increasing the salary threshold for employees to qualify for the “white-collar” exemptions from overtime pay.  The DOL set the new salary minimum at $684 per week, or $35,568 per year.  The annual salary threshold for “highly compensated employees” was raised from $100,000 […]

25 September 2019

EEO-1 Component 2: On Its Way Out After 2019?

The Equal Employment Opportunity Commission (EEOC) recently announced a new Notice of Information Collection regarding the EEO-1 Report.  This new Notice includes an updated burden analysis from the Office of Management and Budget (OMB) related to compilation and production of requested EEO-1 data. EEOC states that the decades-old Component 1 race and sex data serves […]

25 September 2019

NLRB Recognizes Employer Contractual Rights, Re...

In MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), unionized employers won a tremendous victory before the NLRB, giving unionized employers with collective bargaining agreements significantly more flexibility to exercise their contractual rights and to make operational changes impacting unionized employees during a labor contract without bargaining.  In short, contractual rights that employers […]

25 September 2019

Peculiar Behavior and the ADA

You observe an employee acting oddly at work. But, the employee’s work has not suffered. You don’t think the employee is truly a harm to himself, but they’re just…a bit off. What can you do without violating the law? Specifically, how can an employer inform themselves on whether an employee’s odd behavior is actually a […]

23 September 2019

Welcome to The Personnel Files

Welcome to The Personnel Files, a Miller Johnson blog concerning all things Employment Law.  The days of the hard copy newspaper, newsletter and other periodicals are mostly gone.  Today’s HR professionals and leaders are interested in having real time updates and notices on important, new, or interesting developments that may impact their organizations and employees. […]

Service Dog
18 June 2019

Fair Housing Rules and Assistance Animals (Part 2)

Grant Schertzing  and Sarah Willey resume their discussion on how Fair Housing rules apply to assistance animals.  Topics covered in this session include mistakes made by landlords or condo associations, assumptions on which animals can be allowed, what fees if any can be charged for an assistance animal, good practices for landlords or housing providers, […]

Service Dog
04 June 2019

Fair Housing Rules and Assistance Animals (Part 1)

Grant Schertzing  and Sarah Willey discuss how Fair Housing rules apply to assistance animals.  Assistance animals, including service or emotional support animals, fall under reasonable accommodation with an identifiable disability nexus under the Fair Housing Act.  Issues surrounding assistance animals include how to handle when a disability isn’t readily apparent, what verification is allowable by […]

Stack of Binders
21 May 2019

How to Make Ground Leases Financeable (Part 2)

Alan Schwartz and Jim Ens continue their discussion on how to make ground leases financeable.  Topics include how ground lease defaults or terminations are handled, can a ground lessor take out a mortgage on the property, the importance of a non-merger clause and more.