The Trump administration's priority for the Department of Labor has been to eliminate regulations thought too costly for businesses to bear. In particular, the administration promised to change how wage and hour law is regulated in the U.S.
Now that Justice Brett Kavanaugh has been sworn in, there is a full slate of justices on the U.S. Supreme Court. Their new term began Oct. 1, and the court jumped right in to hear oral arguments about an age discrimination case.
When we think about speech protections, we often think of the First Amendment to the U.S. Constitution. The First Amendment only prohibits governmental actors from abridging freedom of speech, so it doesn't apply to private actors such as non-government employers. (The First Amendment does apply to government employers.)
Under the federal Family and Medical Leave Act, covered employees are entitled to take up to 12 workweeks of unpaid leave during a single 12-month period. The leave can be used to care for a personal medical condition, to care for certain family members' serious health conditions, to bond with a new child or to deal with emergencies related to a family member's active duty military service. More leave is available to care for a military family member's illness or injury.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against workers 40 and over. While the law prohibits discrimination in any aspect of employment, including hiring, it is unclear whether the ADEA prohibits a certain type of discrimination called "disparate impact" discrimination in hiring. One federal court ruled that it does not. Now, a second federal court has ruled the opposite.
The Americans With Disabilities Act (ADA) requires employers to grant reasonable accommodations to people with disabilities. The Family and Medical Leave Act (FMLA) protects your job if you take up to 12 weeks of unpaid leave to care for yourself, a family member, or a new baby. If you have a disability and have taken all 12 weeks of FMLA leave, can your employer fire you if you need more time -- or would the extra time be considered a reasonable accommodation?