The federal Equal Employment Opportunity Commission (EEOC) recently released an updated poster that employers with 15 or more employees must display in the workplace....more
On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement...more
It’s not an April Fools’ Day joke – tomorrow, Tucson’s Minimum Wage Act (the “Act”), also known as Proposition 206, takes effect. The Act increases the minimum wage to $13.00 per hour for all employees (full-time, part-time,...more
Yesterday, the EEOC issued updated guidance (“Guidance”) regarding employers’ obligations in responding to employees’ religious objections to receiving a COVID-19 vaccination. A full copy of the new Guidance can be found at...more
10/26/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
New Guidance ,
Religious Accommodation ,
Religious Exemption ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act...more
Today, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it concluded its two six-month conciliation and mediation pilot programs originally announced in July 2020. We addressed the mediation pilot...more
Colorado’s Equal Pay for Equal Work Act (the “Act") goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. This Legal...more
Employers who have been frustrated over the years by the Equal Employment Opportunity Commission (EEOC)’s oft-employed tactic of keeping its factual evidence close to the vest, even after a cause finding as to a charge and/or...more
On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda1–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in...more
8/12/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Eviction ,
Executive Orders ,
HUD ,
Medicare ,
New Guidance ,
Payroll Taxes ,
Relief Measures ,
Social Security ,
Student Loans ,
Unemployment Benefits
The new Healthy Families and Workplace Act (“Act”) requires all private employers in Colorado to provide three types of paid sick leave to their Colorado employees: 1) COVID-19 emergency paid sick leave; 2) paid sick and safe...more
Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The EEOC has once again updated its COVID-19 guidance. Here is a quick summary of the new questions and responses:
D.13. Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member...more
6/15/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
High Risk Covid Employees ,
New Guidance ,
Pregnancy Discrimination ,
Race Discrimination ,
Reasonable Accommodation ,
Telecommuting
As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19...more
On February 7, 2019, we reported here that the Ninth Circuit Court of Appeals confirmed that an employer violates the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants...more
As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? The Centers for Disease Control (CDC), Occupational Health and Safety Administration (OSHA), and...more
On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a...more
Effective September 21, 2018, employers that use nationwide credit reporting agencies for background checks will be required to use a new “A Summary of Your Rights Under the Fair Credit Reporting Act” form (“the Summary”)....more
On November 8, 2016, Arizona voters approved Proposition 206, the Fair Wages and Healthy Families Act (“the Act”), raising the state's current $8.05 per hour minimum wage progressively over the next several years. Effective...more
The Fair Labor Standards Act is the federal law applicable to overtime compensation for employees. The U.S. Department of Labor (USDOL) announced this week that the overtime rule changes it proposed in 2015 will become...more
Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC)...more
There are few circumstances in the practice of law that require more quick thinking and improvisation than defending a client at a temporary restraining order (“TRO”) hearing mere hours after meeting them for the first time....more
The phone rings on a Wednesday afternoon. In a panic, your longtime client explains that a hotshot employee has unexpectedly fled to a competitor a few months before the launch of a top secret new product. The client is...more
As employers and lawmakers seek creative solutions to rising health-care costs, corporate wellness programs have exploded in popularity. Many employers have embraced corporate wellness programs as a means of controlling...more