#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more
Here is what we cover in this issue of Employment Law Reporter Autumn 2023: • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York...more
So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more
On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more
With more employees returning to the office, many employers have struggled with increased caregiving demands on employees' time as a result of the COVID-19 pandemic. To address these concerns, the Equal Employment Opportunity...more
As the second year of the COVID-19 pandemic ends, employers and employees alike continue to juggle a variety of demands. Finding a balance for these obligations can often result in both practical and legal considerations....more
Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more
The EEOC is inviting us to ask for opinion letters! The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public. Eligible topics...more
Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more
As states across the country see spikes in COVID-19 cases, employers continue to wrestle with how to handle “high risk” employees, i.e., employees who are at an increased risk for severe illness from COVID-19. Guidance from...more
As coronavirus infections begin to abate in some parts of the United States, employers are contemplating how to safely and efficiently return to work. It will not be easy. In the absence of adequate testing and other...more
On November 6, 2018, the Supreme Court issued its decision in Mount Lemmon Fire District v. Guido, 2018 WL 5794639 (2018), and held that state and local governments of any size are covered under the Age Discrimination in...more
The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older. Private employers with less than 20 employees are not subject to the ADEA....more
The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...more
Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of...more
On July 31, 2014, without much public attention, President Obama issued a far-reaching Executive Order, No. 13673, which requires bidders on federal contracts to disclose adverse labor law decisions under more than a dozen...more
On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Council published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). Also...more
On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more
Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more
In Graziadio v. Culinary Institute of America, the United States Court of Appeals for the Second Circuit1 ruled that a human resources director could be personally liable as an “employer” for violating an employee’s rights...more
Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more
Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more
Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more
Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more
From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid...more