Stephen Romero (US)

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OSHA workplace injury and illness tracking will go forward

By Stephen Romero (US) on December 6, 2016 Posted in United States

Last week, a Texas federal judge handed the Occupational Safety & Health Administration (OSHA) a victory by refusing to grant an injunction that sought to delay the implementation of the Agency’s rule regarding workplace injuries and illnesses. The new rule, entitled “Improve Tracking of Workplace Injuries and Illness,” requires most employers to submit workplace injury … Continue reading

Title VII sexual orientation claims are gaining traction with more courts

By Stephen Romero (US) on November 9, 2016 Posted in Discrimination and harassment, United States

On November 4, 2016, a federal judge in Pennsylvania became the latest jurist to side with the U.S. Equal Employment Opportunity Commission (EEOC) in endorsing the viability of claims based on sexual orientation under Title VII of the Civil Rights Act of 1964. In U.S. EEOC v. Scott Medical Health Center, the EEOC brought suit on … Continue reading

Does Title VII cover sexual orientation claims? It depends.

By Mario Barrera (US) and Stephen Romero (US) on August 16, 2016 Posted in Discrimination and harassment, United States

In July 2015, the EEOC officially took the position that sexual orientation claims may be brought under the non-discrimination provisions of Title VII of the Civil Rights Act of 1964. However, in the recent case of Hively v. Ivy Tech Community College, the Seventh Circuit refused to accept the EEOC’s position and affirmed the dismissal … Continue reading

DOL’s new salary rule is a mixed bag for employers

By Mario Barrera (US) and Stephen Romero (US) on May 19, 2016 Posted in United States

Adding to the recent flurry of federal regulatory activity, on May 18, 2016, the United States Department of Labor‘s Wage and Hour Division issued a final rule on overtime that raises the salary threshold for exempt employees under the Fair Labor Standards Act. Defining and delimiting the exemptions for executive, administrative, professional, outside sales and computer employees … Continue reading

Texas’ new open carry law

By Mario Barrera (US) and Stephen Romero (US) on January 15, 2016 Posted in United States

Effective January 1, 2016, licensed Texas residents are permitted to openly carry a handgun. Specifically, the new law authorizes individuals to obtain a license to openly carry a handgun in a shoulder or hip holster, but it continues to prohibit any weapons in 9 specific locations including schools, polling places, courts and court offices, secured … Continue reading

The deeper meaning behind Abercrombie besides failing to ask about an accommodation

By Mario Barrera (US) and Stephen Romero (US) on July 1, 2015 Posted in Discrimination and harassment, United States

As widely reported in its recent EEOC v. Abercrombie & Fitch Stores, Inc. decision, the United States Supreme Court held that employers cannot lawfully refuse to hire an applicant if the decision was motivated by the employer’s unwillingness to provide the applicant with an accommodation the applicant needs for religious reasons. However, in so holding, … Continue reading

The new college landscape: unionizing grad students

By Stephen Romero (US) and Mario Barrera (US) on February 25, 2015 Posted in United States

In a matter that could have far-reaching implications for private universities throughout the US, the NLRB’s Regional Director for Region 2 dismissed a petition filed by graduate students of The New School in New York City, New York in which they sought to form a union in affiliation with the United Auto Workers (UAW). In … Continue reading