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3/27/2015
Author(s) - Joanna Vilos
Holland & Hart News Update

A federal judge in Texas has temporarily put on hold the new rule expanding the definition of “spouse” under the Family and Medical Leave Act (FMLA). Set to go into effect today, the final rule changes recognition of same-sex and common law marriages from the state of residence to the state of celebration.

3/26/2015
Author(s) - Judith (Jude) Biggs
Holland & Hart News Update

In a divided decision, on March 25, 2015, the U.S. Supreme Court released a long-awaited ruling involving a pregnant worker’s claim under the Pregnancy Discrimination Act (PDA). In its ruling, the Court held that the worker could proceed with her lawsuit, because disputes remain as to whether her employer treated more favorably at least some non-pregnant employees whose situation could not reasonably be distinguished from hers. The majority of the Court forcefully rejected the 2014 guidance of the Equal Employment Opportunity Commission (EEOC) concerning the application of Title VII and the Americans with Disabilities Act (ADA) to the PDA, as it fell short on a number of fronts needed to “give it power to persuade.” Without ruling for either party, the Court adopted a new standard for courts to use when deciding PDA cases brought under a disparate treatment theory. Young v. UPS, 575 U.S. ___ (2015). 

3/24/2015
Author(s) - Brian Mumaugh
Holland & Hart News Update

All employers, union and non-union alike, should think about making a thorough review of their employee handbook and policies in light of a recent report on employer workplace rules by the National Labor Relations Board’s (NLRB’s) General Counsel, Richard Griffin. In his report, Griffin describes a variety of employment policies that the Board has found unlawful and offers the Board’s reasoning as to why. He also points out acceptable policies and explains what wording or context made that policy lawful. The bottom line: a single word or phrase can, in this Board’s view, make the difference between an acceptable policy or one that violates the National Labor Relations Act (NLRA).

3/18/2015
Author(s) - David Broadbent
Utah Bar Journal, Volume 28, No. 2, pg. 16, Mar/Apr 2015
3/17/2015
Author(s) - Cecilia Romero
Holland & Hart News Update
On March 12, 2015, Utah signed into law a bill that protects individuals on the basis of sexual orientation and gender identity in employment and housing. The law contains certain exceptions for religious organizations and permits employers to maintain reasonable dress codes and sex-specific facilities.