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States take pay disparity laws a step further by banning pay history inquiries

Many states already have laws aimed at closing the wage gap. Whether they are couched as pay disparity, pay equity, equal pay, or pay transparency laws, the goal is the same – equal pay to women for equal work. Some states...more

Employer input sought on new overtime regs

As we previously reported, the U.S. Department of Labor failed to challenge a federal district court’s blocking of the new overtime rule that was set to go into effect last December and, instead, signaled its intent to...more

Gavel to Gavel: Consistency of judgment

It’s a common scene played out in employment discrimination and retaliation lawsuits everywhere: An employee is demoted, terminated, or otherwise affected by an employer’s action. The employer claims the decision was made for...more

Court finds ethical considerations, not same-sex relationship, determined demotion decision

The issue of pretext recently played out in a sex discrimination case in which the Tenth Circuit Court of Appeals had to decide whether an employer’s reasons for demoting an employee were legitimate or just a ruse to cover up...more

U.S. House passes bill to substitute overtime pay with time off

On May 2, 2017, the Executive Office of the President issued a statement supporting a new House bill, H.R. 1180. H.R. 1180, the Working Families Flexibility Act of 2017, proposes to amend the Fair Labor Standards Act (“FLSA”)...more

Appeals court rules diagnosed mental impairment not proven to be actual disability

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

OSHA delays enforcement of limitations on post-accident drug testing

In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses. One part of the rule requires employers to...more

OSHA further delays enforcement of post-accident testing ban

In a previous article, we outlined the Occupational Safety and Health Administration’s (OSHA) new final rules regarding the reporting of workplace injuries and illnesses. These rules include a substantial limitation on an...more

Faragher/Ellerth defense used to defeat Oklahoma Anti-Discrimination Act claim

As a recent ruling by the U.S. Court of Appeals for the Tenth Circuit shows, the same employer defenses used to defeat Title VII discrimination claims can also be used to defeat claims under the Oklahoma Anti-Discrimination...more

EEOC issues new guidance on leave of absence and ADA accommodations

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This...more

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