Sexual harassment is a type of workplace behavior that (1) is sexualized or sexual in nature and (2) makes someone feel uncomfortable. Whether verbal or physical, a court might construe a specific behavior -- especially if it is repeated -- as sexual harassment and take action to protect the victim. When evaluating a case, courts generally classify sexual harassment into two primary types: quid pro quo and hostile work environment.
Quid pro quo: This type of sexual harassment may involve a manager or supervisor asking an employee to perform a sexual act or go on a date in exchange for an employment benefit -- like a promotion, raise or bonus. The request could also come with the threat of punishment if the employee refuses to comply. Generally, the manager or supervisor will use their power over the employee to manipulate or pressure them into complying with the request.
Since 2015, the U.S. Department of Labor has been working to update the minimum wage and the "white collar" exemption under the Fair Labor Standards Act (FLSA). The effective new minimum salary level for the "white collar" exemption was to be raised as of December 1, 2016, from $23,660.00 per annum to $47,892.00 per annum, in what has been called the Overtime Final Rule. This left those employees who did not meet the minimum salary threshold as potentially qualifying for overtime pay. While employers frantically evaluated how these changes would affect their bottom line, a federal district judge in Texas granted a nationwide emergency preliminary injunction that prohibited the U.S. Department of Labor from enforcing the Overtime Final Rule. The case went up to the Fifth Circuit Court of Appeals, where in 2016 a stay was put in place while the U.S. Department of Labor considered formulating a new rule.
