Jefferson B. Goldman, Senior Associate Attorney

A last minute decision by the U.S. District Court for the Eastern District of Texas has temporarily halted the implrementation of new overtime rules which would have drastically increased the number of employees who qualify for overtime pay.




Two plaintiffs at Atlas Logistics Group Retail Services (Atlanta), LLC (a logistics company for grocery stores), sued, claiming violations under the Genetic Information Nondiscrimination Act (“GINA”). This case is entitled: Lowe, et al. v. Atlas Logistics Group Retail Services (Atlanta), LLC, Civil Action NO. 1:13-CV-2425-AT, United States District Court, Northern District of Georgia.


DOL Issues Interpretation 2015-1 clarifying the broad scope of the FLSA and cautioning against relying on mere labels of “independent contractor” in written contracts to preclude the FLSA’s applicability.




In many states, workers’ compensation statutes provide for an “exclusivity rule” or “workers’ compensation bar” wherein the employee, in exchange for an almost certain fixed indemnity amount and medical expenses, is barred from suing his employer for negligence and obtaining various remedies such as general damages (including pain and suffering and mental anguish), punitive awards, and loss of consortium (in case the injured worker is married).


Employers may possibly be liable for state lawclaims based on their employees’violations of the Health Insurance Portability and Accountability Act (“HIPAA”). Although HIPAA is federal law and does not provide a private right of action, courts in both Indiana and Connecticut have used HIPAA to help define the standard of care.


The EEOC was created almost a half century ago with the task of ending discrimination on the basis of race, color, national origin, sex, and religion in private-sector employment throughout the United States.


Consistent with his stated intention to use his Executive powers when he and Congress cannot agree on new legislation, President Obama has recently announced many new initiatives to affect the workplace. As we advised you in last Fall's newsletter, new regulations from the Office of Federal Contract Compliance Programs ("OFCCP") went into effect last month requiring contractors to set goals and timetable for the hiring of the disabled and veterans.


Most employers know that they need to report on workplace safety to the Occupational Safety and Health Administration (“OSHA”). Last year, OSHA estimates that 3 million workers suffered on the job injuries.


In late September, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued final rules increasing affirmative action requirements and burdens on federal contractors and subcontractors.


Lawyers can argue the fine points of law such that it sometimes looks like they are dancing on the head of a pin. That is what happened in the last week of this year’s Supreme Court term when the Court ruled in a 5-4 decision that a plaintiff claiming that he was retaliated against by his employer after he complained about discrimination had to show that “but for” the intention to retaliate, his offer of employment would not have been withdrawn.