Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their poor costume choices present for employers, all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria can start submitting demographic workforce data,…
A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the…
For the first time in four years, the U.S. Department of Labor plans to increase the minimum salary level to be exempt from the Fair Labor Standard Act’s overtime requirements. What is the Department proposing? Under the current FLSA regulations, a covered employer must generally pay executive, administrative, or professional (EAP)…
A director for a major transit authority applied for two internal promotions. She didn’t get either. Feeling that she was more qualified than either successful candidate, the director reported discrimination internally and later filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. Among other things, she alleged…
On Friday, the National Labor Relations Board issued a decision in Cemex Construction Materials Pacific, LLC that it claims in this press release will “effectuate employees’ right to bargain through representatives of their choosing and improve the fairness and integrity of Board-conducted elections.” That’s one way of putting it. Until…
Earlier this month, a federal appellate court had to decide whether a hospital employee could perform her job remotely or whether the job’s essential functions required her to come to work in person. Spoiler alert: The plaintiff lost the failure-to-accommodate claim she asserted under the Americans with Disabilities Act. But…
All you Family Medical Leave Act savants know about the 30-day rule, right? Once an employer initially certifies an employee for FMLA leave, it cannot seek recertification more often than once every 30 days unless one of these exceptions applies. Hold that thought as I tell you about the facts…
Employees who want to bring federal anti-discrimination claims in court can’t just file the lawsuit. Instead, they must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. There are time limits to filing with the EEOC. The EEOC website states: In general, you need to file…
Imagine a business that gives its employees two days off each week. There’s nothing abnormal about that. However, the company uses a sex-based policy to determine which two days an employee can pick. Only men can select full weekends off—women cannot. Instead, female employees can pick either two weekdays off…
Dijares, CC BY-SA 4.0, via Wikimedia Commons Two wage and hour posts in a row! And this one has an 80’s hair metal track (with a Milton Berle cameo) to back it. So, cut off your sleeves and sing along as we talk about rounding time under the Fair Labor…