In June, a reasonable accommodation issue arose in the religious context in EEOC v. Abercrombie & Fitch Stores, Inc., 2015 WL 2464053 (June 1, 2015). The Court addressed the interesting question whether the prohibition of refusing to hire an applicant in order to avoid accommodating a religious practice applies only where an applicant has informed the...
Many employers may not realize that the Occupational Safety and Health Administration (OSHA) regulates in some ways the use of toilet facilities at work. There are at least three important issues, the number of toilets, access to toilets, and now, the even more controversial issue of transgender bathroom access. There are OSHA general industry requiremen...
In a case in which Wimberly & Lawson filed an amicus brief on behalf of the National Chicken Council, the U.S. Supreme Court has granted certiorari and will rule on a case involving the propriety of broad class/collective actions in wage/hour cases where broad back pay remedies are sought. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. On Monday, June ...
The NLRB "quickie" or "ambush" election rule went into effect on April 14. Its effects are already being seen. The median time interval from the filing of an election petition to the holding of the election has been reduced to 23 days. Specifically, in the case of directed-election cases (as opposed to stipulated elections), the elections took place 23 da...

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