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For the first time in over thirty years, the U.S. Equal Employment Opportunity Commission ("EEOC") issued guidance (the "Guidance") on pregnancy discrimination in the workplace. The Guidance explains the EEOC’s current position on the Pregnancy Discrimination Act ("PDA") and discusses the application of the Americans with Disabilities Act ("ADA") to pregnancy related disabilities. The EEOC has also supplemented the Guidance with a Fact Sheet for Employers and accompanying Questions and Answers.

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Attorneys Mentioned: Jeffrey A. Kimmel, Racquel Crespi Weintraub

The Equal Employment Opportunity Commission ("EEOC") has filed its first lawsuit directly challenging the operation of a wellness program. In EEOC v. Orion Energy Systems, 1:114-cv-01019, the EEOC alleged that Orion Energy Systems ("Orion"), a Wisconsin lighting retrofit company, imposed a wellness program on its employees in violation of the Americans with Disabilities Act ("ADA"). The EEOC claims that defendant, Orion, administered a wellness program in which employees were asked to complete a health risk assessment, which included, among other things, medical history, disability-related inquiries and blood work that were allegedly not job-related or consistent with business necessity. In addition, the suit alleges that the assessment included a test on a Range of Motion Machine in the company’s physical fitness room.

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Attorneys Mentioned: Jeffrey A. Kimmel, Naomi Dabi Lantsberg

New Overtime Regulations
, October 21, 2016
Over the last few weeks, we have received several inquiries regarding the United States Department of Labor’s (DOL) new overtime regulations. The new DOL regulation (the “Regulation”), upon becoming effective on December 1, 2016,1 will mean that employees earning less than $913 per week ($47,500 annually) will be entitled to overtime compensation, regardless of whether they could otherwise be classified as exempt Executive, Administrative, or Professional workers (“white collar”).

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Attorneys Mentioned: Jeffrey A. Kimmel, Naomi Dabi Lantsberg

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