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Copyright Free – Stock Free images. Public Domain image dedication. CC0 1.0 Universal Licence – http://creativecommons.org/publicdomain/zero/1.0/

For nearly ten years, from September 1, 1997 through July 23, 2007, the federal minimum wage was $5.15 per hour. Three times in the following two years, the minimum wage rose, settling in at $7.25 per hour on July 24, 2009. The minimum wage has remained $7.25 since then.

That might change soon. Continue reading

Among Fortune 500 companies, 91% prohibit discrimination on the basis of sexual orientation, and 83% prohibit discrimination based on gender identity.  [Source] But, under federal law, circuit courts remain split as to whether Title VII of the Civil Rights Act of 1964 forbids discrimination based on LGBT status.

So, let’s say you’re a Fortune 500 company accused of LGBT discrimination in a jurisdiction in which the law may permit that type of abhorrent behavior.

Do you defend by arguing that the law permits LGBT discrimination?   Continue reading

Judge Brett Michael Kavanaugh

U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons

Yesterday, Supreme Court Justice Brett Kavanaugh delivered the opinion for a unanimous Supreme Court in a case called Henry Schein, Inc. v. Archer & White Sales, Inc.  Although the Court’s decision has nothing to do with employment law — it’s a case about antitrust issues and arbitration — there’s a little something from Justice Kavanaugh’s that may be more than a little something.

At least as it relates to a big employment case that could be coming down Supreme Court Boulevard in 2019. Continue reading

Seal of the United States Equal Employment Opportunity Commission

U.S. Government [Public domain], via Wikimedia Commons

At midnight on December 22, 2018, the federal government shut down.  Well, not completely. But, a lot of federal employees are working without knowing when they may get paid.

Plus, the U.S. Equal Employment Opportunity Commission is already operating on a contingency plan — and that was before EEOC Commissioner Chai Feldblum’s commission ended on Friday, which left the administrative agency without a quorum.

I think that there’s a lot here to unpack here. Let’s get to it.  Continue reading

“Doing What’s Right – Not Just What’s Legal”