Nyemaster Goode, P.C.

Nyemaster on Labor, Employment, & ERISA

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

December 16, 2014

In a 3-2 decision issued last Thursday, the National Labor Relations Board held that employees can use an employer’s email system for Section 7 organization purposes. Purple Communications, Inc., and Communication Workers of America, AFL-CIO, Case Nos. 21–CA– 095151, 21–RC–091531, and 21–RC–091584 (December 11, 2014). The Board explained that the workplace is... Read More

August 29, 2014

Some wellness experts advise that a truly effective wellness program must include real incentives and penalties to induce active participation – and medical examinations to gauge employee progress. For quite some time, we at Nyemaster have been warning that one of the risks associated with an aggressive wellness program is... Read More

July 25, 2014

Last week, the Iowa Supreme Court affirmed the district court’s judgment in favor of the state in Pippen v. State of Iowa et al, No. 12-0913, a class-action employment-discrimination case brought under Title VII and the Iowa Civil Rights Act. The class of over 5,000 was represented by twenty-three African-American... Read More

July 1, 2014

On June 27, the Iowa Supreme Court decided in Goodpaster v. Schwan’s Home Service, Inc., that it will look to the ADA (Americans with Disabilities) Amendments Act of 2008 (“ADAAA”), 42 U.S.C. §§ 12101-12213, when interpreting the meaning “disability” under the Iowa Civil Rights Act (“ICRA”). The ICRA contains a circular... Read More

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