DOL Rescinds Intern Test, Adopting Second Circuit’s “Primary Beneficiary” Test

In a prior post, we reported that two U.S. Courts of Appeals had rejected the Department of Labor’s test for analyzing whether an individual qualifies as an unpaid intern. On Friday, January 5, 2018, the DOL scrapped its own test, adopting the Second Circuit Court of Appeals’ “primary beneficiary” test instead. By way of background,

Federal Judge Strikes Down Obama Overtime Rule

A federal judge has struck down an Obama administration rule that would have extended overtime eligibility to more than 4 million white collar workers. As discussed in our prior post, the new rule would have dramatically narrowed the “executive, administrative, and professional” (“EAP”) exemption, increasing the salary threshold from $455 to $913 per week. On

Court Issues Landmark Decision That Sexual Orientation Discrimination Is Covered by Title VII

On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals–which covers Illinois, Indiana, and Wisconsin–held that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. Hively v. Ivy Tech Community College, Case No. 15-1720. The Hively ruling is significant because, to date, no other federal court

Sexual-Orientation and Gender-Identity Issues in the Workplace: Part II

Part II: Bathroom Access for Transgender Employees On May 16, the Obama Administration issued formal guidance regarding bathroom access for transgender students. In a joint letter, the Departments of Justice and Education explained that educational programs receiving federal funding may not discriminate against students on the basis of their gender identity, including “transgender status.” As a