Author: davederomedi

Employers Always Need to Thoroughly Explore the Smallest of Reasonable Accommodations for a Disability

A recent decision from the U.S. Court of Appeals for the Sixth Circuit provides a strong lesson in the need for employers to fully explore an employee’s request for a reasonable accommodation and to when necessary be flexible in applying certain workplace policies. In the matter of EEOC v. Dolgencorp, LLD dba Dollar General Corp., the EEOC brought a case against Dollar General on behalf of a former store manager with diabetes.  The employee occasionally experienced hypoglycemic episodes at work.  As a store sales associate, whenever she experienced an episode she went into the break room to get an orange juice from her cooler.  Later, as a store manager, she often worked alone at the store and could not go to the break room.  She asked her manager if she could keep orange juice at her register so she could drink it whenever she experienced an episode.  Her manager said that was not allowed under store policy. The employee had hypoglycemic episodes in late 2011 and early 2012.  During both times, she drank a bottle of orange juice from the store cooler and then paid the $1.69 cost.  She told her manager both times. During a store audit for employee theft and merchandise loss issues, the employee admitted that she had drank orange juice two times before paying for it when she had an episode.  Dollar General fired her,...

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Department of Labor Ends Appeal Over Salary Basis Test Giving Businesses Green Light to Continue Business as Usual

The U.S. Department of Labor (DOL) decided this week to end its appeal of a preliminary injunction issued by a federal court in Texas. That injunction had stopped implementation of the increased salary basis test regulations issued by the DOL in 2016. The DOL’s decision to end the appeal confirms the continued application of the 2004 exemption regulations to all employers. However, the DOL has issued a Request for Information seeking public comment on 11 questions related to a change in the salary basis test, which is available here. The comment period remains open through September 25, 2017 if an employer wants to provide its input. What does this mean for business? While the ruling is of particular importance to those in regulatory and legal roles, what the DOL’s decision means for most businesses just means that business will continue with business as usual. You may recall a lot of hype surrounding changing to the Fair Labor Standards Act (FLSA) that put most businesses in panic mode last year? Well, that panic has subsided. For now, the salary basis test for overtime exemptions under the FLSA remains the same, $455 a week. This decision, however, does serve a good reminder to employees, review your exempt employees to ensure you are in compliance with the current salary test. This means, not only paying exempt employee $455 a week regardless of...

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The HR Blog is published by Dickinson Wright PLLC to inform the public of important developments within the firm and practice areas. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered in this blog.

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