Mom cannot sue employer for discrimination against her son, court says

Brittany Tovar claimed that her employer, Essentia Health, discriminated against her when her employer-sponsored medical insurance denied her son gender reassignment services and surgery.

In Tovar v. Essentia Health (D. Minn. 5/11/16), the court had little issue dismissing Tovar’s claims because the alleged target of the discrimination, her son, was not an employee protected by Title VII:

I scream, you scream, we all scream … for the FLSA’s new salary test

At 3 pm this afternoon, Vice President Joe Biden, Senator Sherrod Brown, and Secretary of Labor Tom Perez will appear at Jeni’s Ice Cream in Columbus, Ohio, to announce the Department of Labor’s new overtime rule.

The rule, as expected, increases the salary level at which one qualifies as an exempt white-collar employee ($913 per week; $47,476 annually), while leaving alone (for now) the duties one also must meet to qualify. It is expected that 4.2 million white-collar workers will now qualify for overtime.

The effective date of the final rule is December 1, 2016, giving employers more than six months to digest the new rules, reclassify workers, and comply with the new salary test.

In advance of today’s announcement, late yesterday the DOL published the Final Rule, along with some guidance for employers. It also published this handy chart, comparing the current regulations, last year’s proposed regulations, and the final regulations.

EEOC’s final rules on employer wellness programs provides clear path for employers

Yesterday, the EEOC published its long-awaited rules that describe how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to wellness programs offered by employers that request health information from employees and their spouses. Both rules take effect July 18, 2017.

The $15 minimum wage is an employee-relations nightmare

Last week, Cleveland’s City Council introduced legislation to raise the city’s minimum wage to $15. Mayor Frank Jackson has come out against the bill, stating that he opposes the legislation because it puts the city at a competitive business disadvantage against other cities: “I continue to support a minimum wage increase if mandated by the state or federal government and not just for the City of Cleveland. For the full economic impact this has to be a united effort throughout Ohio and the United States.”

WIRTW #412 (the “duet” edition)

Those of you who’ve been readers for any length of time know of my love of all things Old 97’s. Well, they are back in town next Wednesday at the Beachland Ballroom. Look for Norah, my wife, and me right up in front of the stage.

In promoting the show, Rhett Miller, the band’s lead singer, gave an interview to Scene Magazine. What did Rhett say was his “favorite Cleveland memory”? Singing with Norah, of course.

I had a solo gig at the Music Box, which is a great room, and there and there was a sweet little girl who got up on stage and sang “Firefly,” a duet I do. She was so brave. It’s such a rare thing. It’s so dangerous to pull a stranger up on the stage particularly when it’s a little kid but she totally nailed it.

We forgive Rhett that time has dulled his memory of the song they actually sang (it was The New Kid). But that’s more than ok. How freakin’ cool is it for Norah that a bona fide rock star’s best memory is singing with her?

Here’s the rest of what I read this week:

President signs the Defend Trade Secrets Act of 2016—what employers need to know

Yesterday, President Obama signed into law the Defend Trade Secrets Act of 2016. It creates a uniform, federal standard for the protection of corporate trade secrets.

What do employers need to know about this new law?

NLRB positively botches decision over “positive workplace” policy

Do you have a “Positivity Policy” like the following in your employee handbook?

The Company expects all employees to behave in a professional manner that promotes efficiency, productivity, and cooperation. Employees are expected to maintain a positive work environment by communicating in a manner that is conducive to effective working relationships with internal and external customers, clients, co-workers, and management.

What could be wrong with a workplace policy that tells employees to “maintain a positive work environment”? Everyone loves, positivity, right?


Everyone, that is, except the NLRB.