A few years ago, I blogged here about the importance of communicating with employees on FMLA to stay abreast of their status and eventual return-to-work.

But, even before employees go on FMLA, both clear communication and workplace policies becomes paramount. Consider this recent example involving a pregnant salesperson.

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USWNT Celebrates.jpgLast week, five players on the U.S. Women’s National Soccer Team filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation. The women claim that they paid up to four times less than their male counterparts for doing basically the same job.

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Cartelon de OT 1

Back in 2012, when I wasn’t part of this new protected class, I wrote here about whether an employer would violate the Americans with Disabilities Act by requiring an employee to work overtime. The takeaway from that post was, yes, if working a minimum number of hours each week is an essential job function, disabled or not, an employee needs to work those hours.

On Wednesday, the Eleventh Circuit Court of Appeals revisited this issue. Let’s see what happened…

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If national origin motivates an employment decision, that’s disparate treatment. Title VII forbids disparate treatment.

So, what if…

  • nepotism motivates an employment decision, which
  • involves favoring one nationality over another, then
  • does national origin motivate the employment decision?

Or, put another way: could nepotism violate Title VII?

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Because, I’m pretty sure that I’ll get my employment-lawyer-blogger card revoked if I don’t offer a self-deprecating blog post about age discrimination on my 40th birthday. But, feel free to raise my spirits by pledging a pair of tickets to the Philly stop of the Guns N’ Roses reunion tour.

Oh, God! I really am old!

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Empty Pockets


Businesses will be like

That’s because, earlier this month,  Senator Patty Murray (D-WA), top Democrat on the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Sherrod Brown (D-OH), and Representative Rosa DeLauro (D-CT), introduced the Wage Theft Prevention and Wage Recovery Act. According to this HELP press release, this new bill would put a lot of additional sharp fangs into the Fair Labor Standards Act.

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