Nyemaster Goode, P.C.

Nyemaster on Labor, Employment, & ERISA

December 29, 2015

Iowa employers constantly wrestle with how to treat pregnant employees. Some desire to accord special treatment to pregnant employees – but do so at the risk of drawing reverse discrimination claims. Other employers use a “status blind” approach – attempting to strictly comply with Iowa law by treating pregnant employees... Read More

November 19, 2015

By Thomas M. Cunningham Last week, The Wall Street Journal reported that new regulations designed to greatly expand the number of employees entitled to overtime pay may be significantly delayed. As we described in our earlier blog posts, the primary proposal is to raise the salary threshold for exempt white-collar employees... Read More

November 18, 2015

By Tom Cunningham Businesses that enter into agreements with the Federal Government live in a very different world than those that do not. In addition to the non-discrimination obligations imposed by Title VII and state non-discrimination laws, they are required to take affirmative action to employ individuals in certain protected categories... Read More

November 17, 2015

(This is a summary of remarks made November 3, 2015 by Nyemaster attorneys Amanda Atherton, aatherton@nyemaster.com, a litigator, and Michael Dayton, mjdayton@nyemaster.com, a business attorney.) Gone Phishing: Mitigating Employee Data Breach Risks, Amanda Atherton The key to mitigating employee-created cyber security and data breach risks is consistently implementing employment procedures throughout the... Read More

October 1, 2015

The New OT Regulations: Why the government felt they were necessary, options for your employees who will become non-exempt, and what employers should do now. This is a summary of remarks made August 27, 2015 by Nyemaster attorneys Frank Harty, Katie Graham, and Tom Cunningham on the anticipated changes to the... Read More

July 30, 2015

On June 30, the Iowa Supreme Court clarified the necessary elements a plaintiff must prove to succeed in a claim for wrongful discharge in violation of public policy. Specifically, the Court considered whether or not a plaintiff needs to prove that her employer lacked a legitimate business justification for her... Read More

July 2, 2015

On June 30, the U. S. Department of Labor announced a Notice of Proposed Rulemaking that will greatly expand the number of employees entitled to overtime pay by approximately five million workers. The DOL proposes to amend its “white collar” exemption regulations issued under the Fair Labor Standards Act. The... Read More

June 12, 2015

The Iowa Supreme Court ruled todaythat employers defending workers’ compensation claims do not have to disclose video surveillance of a claimant before the claimant’s deposition. The decision reverses a prior ruling to the contrary by the former Iowa Workers’ Compensation Commissioner. The question had been posed to the Workers’ Compensation... Read More

June 2, 2015

Yesterday, the United States Supreme Court ruled that actual knowledge of an employee’s need for religious accommodation is not required to support a Title VII discrimination claim. In EEOC v. Abercrombie & Fitch Stores, Inc., a job applicant was denied employment because her headscarf conflicted with the store’s Look Policy. The... Read More

January 14, 2015

On December 24, the Iowa Court of Appeals affirmed a district court’s finding that Tammy Roche had failed to establish that she was subjected to, and terminated for reporting, a sexually hostile work environment. Roche v. Davenport Cleaners, Inc., No. 14–0140, 2014 WL 7343555 (Iowa Ct. App. Dec. 24, 2014). During... Read More

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