Showing 6 posts from March 2018.
Being Called a Racist Is Not Unlawful Harassment If Comments Are Not Racially Motivated
Employers are equipped and know how to handle complaints of racial discrimination and harassment—or at least should be so prepared. However, facts have a funny way of developing into novel situations. What happens, for instance, if an employee is being called a racist by other employees? More ›
California Employer Win – Multiple Month Leave Without Finite Return Date Is Not a Reasonable Accommodation
A recent Southern District of California court decision provides California employers with additional guidance on what constitutes a reasonable accommodation. More ›
Massachusetts Attorney General Provides Guidance On Equal Pay Law
Recently, the Massachusetts Attorney General, Maura Healey, issued guidance to assist employers in complying with the state’s Equal Pay Act (“MEPA”), which goes into effect on July 1, 2018. The 30-page guidance is comprehensive, offering an overview of the law, responses to frequently asked questions, a self-evaluation for employers, and a sample checklist of policies and practices. Due to its length and breadth, the guidance should be reviewed by employers in full. However, we note the following important aspects: More ›
In Florida, One-Event Sexual Advance at a Non-Work Sponsored Party Can Support Sexual Harassment and Retaliation Claims
Florida’s Fourth District Court of Appeal recently decided two questions of first impression under Florida law: (1) whether a one-event sexual advance at a private, non-work sponsored party may support sexual harassment and retaliation claims, and (2) whether rejecting a supervisor’s sexual advance is protected “opposition.” The court answered both questions “yes.” More ›
EEOC Lawsuit Reminds Employers to Accommodate Pregnant Workers As It Does Other Employees
Reminding employers of their obligation to accommodate pregnant employees in the same manner as non-pregnant employees, the Equal Employment Opportunity Commission recently filed a sex discrimination lawsuit against a North Carolina nursing center. The complaint alleges the center violated the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964 (PDA) when it terminated two nursing assistants because of their pregnancy-related restrictions. In one case, the center placed the nursing assistant on unpaid leave when she asked the center to accommodate a pulling, lifting, and pushing restriction placed on her by her physician, then terminated her employment. The center terminated the second employee for similar reasons. The EEOC alleges the nursing center had the ability to accommodate such restrictions because they accommodated similar restrictions for non-pregnant employees who suffered work injuries.The EEOC is seeking declaratory and compensatory relief, as well as other monetary relief, for the terminated employees. More ›
6th Circuit First Appellate Court to Declare Transgender or Transitioning Status Discrimination is Sex Discrimination Under Title VII
In a milestone decision, the 6th Circuit Court of Appeals held discrimination based on an employee’s transgender or transitioning status violates Title VII. In addition, the court held as a matter of law that a religious employer “cannot rely on customers’ presumed biases to establish a substantial burden” under the Religious Freedom Restoration Act (RFRA). Thus, the employer’s sincerely held religious beliefs did not free it from the proscriptions of Title VII. More ›
Topics
- Older Workers
- New York Labor Law
- Opinion Letter
- Hours Worked
- Compensable Time
- Time Records
- Commuting Time
- Equal Pay for Equal Work
- Rest Period
- Wage Order 9
- 24-hour shifts
- ambulance attendant
- meal period
- off-duty rest
- premium wage
- Audit
- automobile sales exemption
- fair reading
- narrow construction
- job classification
- job classification audit
- Temporary Schedule Change
- Fair Workweek Law
- New York City
- Black Lives Matter
- 42 U.S.C. s. 1981
- disparate treatment
- Racial Discrimination
- Severe & Pervasive
- Objectively Offensive
- Subjectively Offensive
- Massachusetts Equal Pay Act
- MEPA
- Attorney General Guidance
- Comparable Work
- Salary History
- Salary Inquiries
- Pay Inquiries
- Self Evaluations
- Florida Civil Rights Act
- Opposition
- Unlawful Employment Practice
- Pregnancy Discrimination Act
- PDA
- Childbirth
- Trans
- Transitioning
- Sex Stereotyping
- 2nd Circuit
- equality
- Zarda v. Altitude Express
- FCRA
- Fair Credit Reporting Act
- Wisconsin Fair Employment Act
- WFEA
- Criminal Conviction
- Arrest Record
- Hiring Policy
- Substantial Relationship
- Protected Speech
- Anti-discrimination Policy
- Anti-harassment Policy
- Diversity
- Diversity Policy
- Social Media Policy
- Electronic Communication Policy
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- SCOTUS
- Securities Fraud
- Student Loans
- Gig Worker
- Gig Economy
- Employer-Employee Relationship
- Borello Test
- Employee
- Exclusive Remedy
- Wis. Stat. ch. 102
- Tort Liability
- Temp Employee
- Temporary Help Agency
- Leased Employee
- Claim for Compensation
- Negligence
- Sarbanes-Oxley Act
- Fraud
- Internal Complaints
- Form 300A
- Annual Summary
- Fines
- Willful and Repeat
- Serious Violation
- Other-than-Serious Violation
- 2015 Inflation Adjustment Act
- Students
- Interns
- Internal Revenue Service
- IRS Notice 1036
- Payroll
- Payroll Taxes
- Social Security
- Supplemental Wages
- Withholdings
- Tax Reform Act
- Tax Cuts & Jobs Act
- Income Tax
- 2018 Withholding Tables
- Joint Employment
- Browning-Ferris
- Right to Control
- Joint Control
- Essential Employment Terms
- Direct and Immediate
- California Family Rights Act
- Parental Leave
- Sexual Orientation Discrimination
- AB 1008
- Ban the Box
- Department of Economic Opportunity
- compliance audit
- ADA Interference
- 42 U.S.C. § 12203(b)
- 7th Circuit
- Disability Discrimination
- Union
- Union Organizing
- New York Paid Family Leave
- Paid Leave
- NY State Department of Taxation
- Serious Health Condition
- military duty
- Tax Implications
- PFL
- New York Average Weekly Wage
- Obama Administration
- Illinois Human Rights Act
- Emotional Distress
- Workplace bullying
- Extreme or Outrageous
- Salary test
- EAP Exemption
- State of Nevada v. US Department of Labor
- Family Medical Leave Act
- Incentives
- A.A.R.P. vs. U.S. E.E.O.C.
- employer sponsored
- Medical History
- mandatory
- Voluntary
- ACA
- San Francisco Parity in Pay Ordinance
- California Labor Code Section 1197.5
- Fiduciary
- Fiduciary Duty
- Professional Exemption
- Executive Exemption
- Outside Sales Exemption
- Computer Exemption
- Request for Information
- Highly Compensated Employees
- Secretary of Labor
- notice
- Domestic Violence
- California Labor Code
- California Labor Code s. 230.1
- Interactive Process
- Sexual Assault
- Stalking
- PTO
- Paid Time Off
- National Labor Relations Act
- Union Organizing
- Protected Concerted Activity
- Jefferson Standard
- Disparaging
- Labor Dispute
- 8th Circuit
- Vacation Pay
- Vested Rights
- Vacation Policy
- Vacation accrual
- Waiting period
- Pregnant worker protections
- M.G.L. Chapter 151B
- Massachusetts Pregnant Workers Fairness Act
- Employment Contract
- At-will employment
- only when rule
- Wisconsin Court of Appeals
- Department of Homeland Security
- U.S. Citizenship and Immigration Services
- USCIS
- Consular Report of Birth Abroad
- E-Verify
- Massachusetts Supreme Judicial Court
- handicap discrimination
- Drug Free Workplace Act
- Hawkins-Slater Medical Marijuana Act
- Rhode Island
- Hiring Practices
- Drug Free Workplace Policies
- Drug Testing
- Gender Nonconformity
- Sick Leave
- St. Paul, Minnesota
- Minneapolis, Minnesota
- Minneapolis Sick and Safe Time ordinance
- St. Paul Sick and Safe Time ordinance
- Child Labor Laws
- Minors
- Minor Employees
- Work Permits
- Street Trade Permits
- Restaurants
- Grocers
- Manufacturers
- Teenage Labor
- Department of Workforce Development
- DWD
- protected class
- protected activity
- Delaware
- pay gap
- compensation history
- Age Discrimination in Employment Act
- Public employers
- private employers
- federal government
- state government
- employer
- RIF
- Reduction in Force
- Circuit Split
- 11th Circuit Court of Appeals
- enterprise coverage
- goods vs. materials
- Aiding and Abetting
- conviction record
- New York State Human Rights Law
- NYSHRL
- Work Schedules
- Fast Food
- Retail
- Fair Workweek laws
- pension plans
- religiously affiliated employers
- church plans
- ERISA section 4(b)(2)
- statutory exemption
- Anti-Retaliation Rule
- Safety Programs
- Workplace Policies
- Injury and Illness Reporting
- Workplace Injury Reporting
- Electronic Reporting
- Salary inquiry
- pay history
- racial equality
- ethnic equality
- fair pay
- Health Insurance
- Patient Protection and Affordable Health Care Act of 2009
- Fairfax Memo
- American Health Care Act
- AHCA
- ObamaCare
- Trump Administration
- Employer Mandate
- Section 8
- marijuana
- SEC
- Securities & Exchange Commission
- age-based harassment
- disability-based harassment
- sex-based harassment
- sexual orientation-based harassment
- gender identity-based harassment
- Injuctive Relief
- final rule
- webinar
- workplace injury
- Occupational Safety and Health Administration
- Exempt Employee
- Trump
- republican
- administration
- Right to Work
- Affirmative Action
- EEO-1
- Fiduciary Rule
- minimum wage
- executive order
- eeo laws
- cook county
- Section 7
- Unfair labor practice
- strike
- collective bargaining
- permanent replacement employees
- burden shifting
- convincing mosaic
- evidentiary burdens
- bereavement
- unpaid leave
- confidentiality agreement
- employee handbook
- employer policies
- misappropriation
- defendant trade secrets act of 2016
- pay equity
- gender equality
- gay rights
- lesbian rights
- unemployment
- Tipped workers
- Illinois Minimum Wage Law
- Temporary workers
- Employee Benefits
- Penalties
- posting requirements
- constructive discharge
- Administrative Exemption
- Wellness Programs
- Americans with Disabilities Act
- Genetic Information Nondiscrimination Act
- Equal Employment Opportunity Commission
- department of labor
- Transgender Rights
- LGBTQ Rights
- administrative warrant
- Confidential Information
- trade secrets
- Unpaid Wages
- Title VII of the Civil Rights Act of 1964
- Labor Code
- Discrimination & Harassment
- interference
- Preemption
- National Labor Relations Board
- Shameless
- Criminal History
- LGBTQ
- Fair Labor Standards Act
- Medical Marijuana
- EEOC
- Arbitration
- Discrimination
- Agreements
- 9th Circuit Court of Appeals
- Disability & Medical Leave
- Expert
- Joint Employers
- wisconsin
- California Court of Appeal
- Media Mention
- Case Updates
- United States Supreme Court
- Fair Employment and Housing Act
- Opinion
- Independent Contractor v. Employee
- Removal
- Bankruptcy
- Judicial Estoppel
- Quid Pro Quo
- Freedom of Speech
- Exempt Status
- Picket
- Gender Bias
- Immigration
- H-1B
- News
- Affordable Care Act
- Collective Bargaining Agreements
- Eleventh Circuit
- First Amendement
- New Jersey
- Paid Sick Time
- Leave
- Eighth Circuit
- IRS
- Meal & Rest Break
- EEOC
- Nebraska
- Religious Discrimination
- Undue Hardship
- Arbitration
- 6th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- Hostile Work Environment
- New York
- Sexual Harassment
- ADA
- Anxiety
- Disability
- South Dakota
- ADEA
- OWBPA
- Settlement Agreement
- Texas
- Tenth Circuit
- California
- FMLA
- Estoppel
- Retaliation
- Benefits
- Wages
- Mandatory Arbitration
- ERISA
- Non-compete
- Age Discrimination
- Accommodation
- 9th Circuit Court of Appeals
- Electronic Communications
- Texting
- Second Circuit
- Tax
- Wage & Hour
- Class Action
- Ninth Circuit
- Privacy
- SCA
- FLSA
- Volunteers
- Discrimination
- GINA
- Title VII
- Massachusetts
- NLRA
- NLRB
- Bargaining
- Seventh Circuit
- Union
- Undocumented Workers
- Health Care
- Supreme Court
- HIPAA
- HHS
- Wellness
- Harassment
- Supervisor
- Burden of Proof
- Pregnancy Discrimination
- Pretext
- Internships
- PAGA
- Similarly Situated
- Termination
- Union Dues
- Class Certification
- Overtime
- Rest Breaks
- Exemption
- Third Circuit
- Fitness-For-Duty
- Multiple Sclerosis
- Labor
- Missouri
- D.C. Circuit
- Fourth Circuit
- CFAA
- Injunction
- First Circuit
- Collective Action
- Meal Breaks
- USERRA
- Federal Contracts
- OFCCP
- Employment Verification
- I-9
- Gender Discrimination
- Title IX
- CAFA
- California Supreme Court
- Legislation
- President Obama
- 42 USC 1983
- Failure to Accomodate
- Reasonable Accomodation
- Employment
- Hiring
- Sanctions
- Sixth Circuit
- Michigan
- Race Discrimination
- Florida
- Workers Compensation
- Corporations
- Standing
- 17200
- Statute of Limitations
- UCL
- Subpoena
- Fifth Circuit
- Travel Time
- Deaf
- Dues
- Class Waiver
- Ohio
- Witness Statements
- Military
- Illinois
- Virginia
- Wrongful Termination
- Religion
- DACA
- Investigation
- Independent Contractors
- Eavesdropping
- Dodd-Frank
- Whistleblower
- Severance
- FICA
- Rehabilitation Act
- Right-to-Sue
- Policies
- Social Media
- Loss of Consortium
- Oklahoma
- Pension
- MSHA
- Medical Examination
- Exhaustion of Remedies
- Election
- WARN
- Title VII Retaliation; Faragher/Ellerth
- Salespersons
- EPA
- Equal Pay Act
- Racial Harassment
- Cat's Paw
- National Origin Discrimination
- Partnership
- FEHA
- Medical Condition
- Background Checks
- Gender Identity
- Georgia
- Ministerial Exception
- FAA
- SSA
- Sex Discrimination
- Education
- Misclassification
- Choice of Law
- Policy
- SOX
- Public Records
- Personnel Record
- Documentation
- Gross
- McDonnell Douglas
- Complaints
- RICO
- Maternity Leave
- Regarded As
- Equal Protection
- ADAAA
- Ledbetter Act
- Recess Appointment
- White House
- California Employment
- Agreements
- Seperation
- DOT
- FMCSA
- Attorney's Fees
- Reporting Time Pay
- Split Shift Pay
- DOL
- Punitive Damages
- Injuries
- Restrictions
- Stock
- Trial
- Verdict
- Back Pay
- Polygraph
- Damages
- LMRA
- VEBA
- Layoff
- Civil Rights
- Defamation
- OSHA
- AMD
- HIV
- HR
- Bankruptcy Code
- Secretary Solis
- Marital Discrimination
- Las Vegas
- Federal Register
- PTSD
- Iraq
- Fourteenth Amendment
- Forum-Selection Clause