The White House has announced that President Obama will sign an executive order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or gender identity, a move the White House hopes will pressure Congress into passing legislation banning employment discrimination against the lesbian, gay, bisexual and transgender (LGBT) community. The Senate passed… Continue Reading
The EEOC has been challenging the legality of releases, attacking certain language that some employers consider standard. The EEOC responds that it is merely acting consistently with its 1997 Enforcement Guidance on what it considers “non-waivable rights.” So, what has drawn the EEOC’s adverse attention?
To Andy Griffith Show aficionados, Andy was a true leader. Barney? Well, not so much. Why? Barney thought his job was to enforce rules, that any infraction had to be punished, that only then could appropriate respect for the rules and for authority be engendered. These sound like good things. So why did Barney seem to get it so wrong?
Employer costs for meeting the overtime exemptions under the Fair Labor Standards Act (FLSA) will be increasing but not imminently. The process for that increase surely has begun. On March 13, 2014, President Obama instructed the Department of Labor (DOL) to review the “white collar” exemptions from the FLSA. As readers know, an employer is not… Continue Reading
Employers have long been under an obligation to provide employees and prospective employees with prior written notice that a credit report – a “consumer report” in the language of the Fair Credit Reporting Act (FCRA) – may be obtained about them. The FCRA specifically requires this notice to be “in a document that consists solely… Continue Reading
The Office of Federal Contract Compliance (OFCCP) has revised the rules implementing Section 503 of the Rehabilitation Act, which applies to certain federal contractors. The revised rules, which are effective on March 24, 2014 require covered federal contractors to invite each job applicant to voluntarily disclose (“self-identify”) whether he or she has a disability as… Continue Reading
A federal circuit court’s recent ruling provides more evidence of a prevalent employment law trend that has developed in the last few decades. The trend? Candid interactive communication about an employee’s rights and an employer’s responsibilities. Over the past few decades, attentive employers have seen courts favor those who communicate forthrightly concerns or issues and… Continue Reading
A trucking company has a practice of not returning any trucker to a driver position if that trucker has admitted to being an alcoholic, even if the trucker completes a treatment program. The EEOC sued on behalf of a trucker and challenged this practice. In this instance, however, the trucker did not complete a treatment… Continue Reading
The U.S. Supreme Court has ruled that a class action waiver in an arbitration agreement is enforceable. Although not an employment case, the decision likely signals that an employee’s waiver of the right to bring a class action will be enforceable if included in an employment agreement that requires arbitration to settle any employment-related dispute…. Continue Reading
An employer received a report of a manager harassing his subordinates. The employer appears to take all the right steps: 1) conducting an investigation; 2) involving several higher-level managers in the decision-making process; and 3) even hiring an outside law firm to assist it in deciding what discipline to impose. BUT, months later, after the… Continue Reading
The Americans with Disabilities Act (ADA) prohibits a covered employer from requiring an employee to undergo a “medical examination,” unless the examination is shown to be job-related and consistent with business necessity. The Sixth Circuit Court of Appeals recently held that an employer’s demand that an employee seek psychological counseling as a condition of continued… Continue Reading
The passage of the California Transparency in Supply Chains Act of 2010 has led certain retail sellers and manufacturers to take a closer look at their supply chains for potential human trafficking violations. And as of January 1, 2012, those retail sellers and manufacturers are required by the Act to make certain disclosures to the… Continue Reading