Showing 6 posts from April 2018.
NFL's Termination of Security Personnel Prompts Allegations of Age Discrimination
When former District of Columbia Police Chief Cathy Lanier stepped into her new role as security chief for the National Football League (“NFL”), she let it be known there was a “new sheriff in town,” a federal lawsuit alleges. About one year later, the NFL fired 9 security representatives accounting for approximately 1/3rd of the league’s staffing for the position and approximately 75% of the security representatives who were of the of age 60 or older. The security personnel promptly filed a federal suit in the Southern District of New York. More ›
Labor Department Provides Guidance on Compensating Employee Travel Time
The Labor Department, Wage & Hour Division, issued an Opinion Letter earlier this week answering questions about the compensability of travel time for hourly technicians under the Fair Labor Standards Act (FLSA). The technicians did not work at a fixed location or a fixed daily schedule. They worked 8 to 16 hours per day at various locations. Sometimes they stayed in hotels overnight or traveled out of town for training courses. The employer provided technicians company vehicles, which they could use for both work and personal purposes. More ›
Use of Salary History Taboo? Ninth Circuit Weighs In
Use of one's last salary or salary history to determine compensation can be a proxy for sex discrimination. Once considered a legitimate "factor other than sex," some jurisdictions are banning the use of a job candidate's salary history to determine compensation as it has perpetuated pay inequities between the sexes. The Ninth Circuit Court of Appeals is the highest-profile court to address, and ban, use of salary history in the employment setting in most (but not all) cases. More ›
California Supreme Court to Provide Guidance on Meal and Rest Breaks
The California Supreme Court may soon provide health-care providers rare and much needed clarification concerning their wage and hour practices. It will do so in response to the Ninth Circuit’s request for guidance on the following wage and hour issues touching upon the meal and rest period rights of ambulance attendants: More ›
U.S. Supreme Court Rejects Narrow Reading in Favor of "Fair" Reading of FLSA Exemptions
The US Supreme Court recently issued a five-four decision addressing whether service advisers of a car dealership fell within the automobile sales exemption. While the opinion may not seem particularly helpful for businesses that do not sell cars, a deeper reading reveals that it is a positive case for employers. More ›
Temporary Schedule Changes Now Mandatory for New York City Employers
The New York City Council further solidified its commitment to advancing the work-life balance of New Yorkers by requiring employers to allow employees to take two temporary schedule changes per calendar year. Effective July 18, 2018, New York City employees may request a temporary change to their schedule, up to two times per year, for a “personal event” defined as the need to provide care to a minor child or care recipient; the need to attend a legal proceeding or hearing for subsistence benefits; or any circumstances that would be a basis for permissible use of safe time or sick time as defined by the NYC Earned Sick Time Act. The new law amends New York City’s Fair Workweek Law, which was enacted in November 2017, to require employers to grant a request for a temporary change in work schedule. 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. ยง 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