Obesity and the ADA

By Martha Zackin on October 3, 2012

My colleague, David M. Katz, was recently quoted in a National Law Journal article titled The Obesity Problem is Growing. For more information on this evolving issue, click here.

Employment Quote of the Week

“[B]oth [the employer] and the DOL agree that there is no statutory authority for a private suit by an employee who claims only that her tips were withheld, but who does not also allege that she received less than the minimum wage (before tips) or that she received less than she was entitled for overtime work. And this is so even if [29 C.F.R.] § 531.52 is entitled to Chevron deference. We agree with the DOL and [the employer] that [the employee’s] allegations do not permit a private cause of action. Because that conclusion dictates the result in this case, we need not wade into the ongoing debate concerning the regulation’s validity under Chevron.” Per curiam opinion in Malivuk v. Ameripark, LLC, No. 16-16310 (11th Cir. June 9, 2017)

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Employment Matters

Obesity and the ADA

Mintz Levin’s Employment Labor & Benefits Practice