When you have a man and woman performing the same job, you pay ’em the same. Otherwise, you’re violating the Equal Pay Act. Except, an employer can argue that a pay differential is lawful when it’s “based on any other factor other than sex.” Continue reading
With all due respect to the United States Court of Appeals for the Second Circuit, I’m glad, at least for this month, that I don’t practice there. Continue reading
It may not have occurred exactly as I’ve depicted above. Although, this accompaniment foreshadows a strong second career in musical direction for the Bloggerking, amirite? Continue reading
Yesterday, at approximately 5:18 PM EDT, all of the associates at my law firm received the same email. It was from one of my partners, encouraging them to sign up to receive daily updates to this blog via email.
“You will learn something from him nearly every day of the week,” wrote my partner.
So, let’s see if we can teach them something — something, other than Eric knows how to make one hella-creepy selfie saltbae gif.
Continue reading
Do employee-leave issues and ACA woes have you feeling like this?
Well, next month, my friends at Kistler Tiffany and I have got your back. We’re presenting two free, live seminars to help you tackle your ACA, ADA, and FMLA issues.
Earlier this year, Philadelphia passed a law banning employers from asking about a job applicant’s salary history. In that blog post, I foreshadowed a possible lawsuit from business groups to block the law, which would otherwise take effect on May 23.
The trailblazing Seventh Circuit Court of Appeals achieved a monumental result. And it only took 53 years after the enactment of Title VII of the Civil Right Act of 1964.
Below, I have a breakdown of yesterday’s historic decision in Hively v. Ivy Tech Community College.
The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions of the job.
Many management-side employment lawyers joked that, under the ADAAA, everyone had a disability. That’s how easy it was to establish.
Well, except maybe a cleft palate.
A few months ago, I was waxing poetic about plutonium, how to establish essential job functions, and quality-testing diet scrapple. What got into me?
Now, I’ve got a cautionary tale, in the form of a recent federal court opinion, to help you good folks navigate away from some of the Americans with Disabilities Act traps. Lest you like litigation and lawyer bills.
The Employer Handbook Blog