Late summer odds and ends.
Catholic school guidance counselor supervisor is a "minister," court says. And therefore she can't sue the Archdiocese of Indianapolis for refusing to renew her contract after she entered into...more
I hope that moment of satisfaction was worth it.
Once again, I see how out of it I am.
This week, a San Diego attorney lost a motion hearing. The attorneys who won were both women. That will be important if you bear with...more
Second of two on the FLSA.
NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more
7/15/2022
/ Department of Labor (DOL) ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Salaried Employees ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
And, for that, we should be grateful.
This week, the U.S. Equal Employment Opportunity Commission updated its guidance on COVID-19 and the laws that the agency enforces. In my opinion, it's pretty unremarkable....more
Even though the court was right, this stinks.
Picture this. Your current employee is suing you for race discrimination. She's also 40 or older, but she hasn't claimed age discrimination....more
NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second installment covered religious...more
7/8/2022
/ After-Hours Work ,
Child Labor ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Non-Exempt Employees ,
Off-The-Clock ,
Over-Time ,
Payroll Records ,
Recordkeeping Requirements ,
Wage and Hour
The court is right, I think.
A panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion on Wednesday that provides helpful clarification for employers and their leave administrators.
...more
I still think an emoji would have helped.
A couple of years ago, I posted about a decision from an administrative law judge who found that Ben Domenech, co-founder and Executive Officer of FDRLST Media, LLC, and publisher...more
While still complying with the ADA.
The Equal Employment Opportunity Commission issued some helpful guidance on Friday related to employers' use of artificial intelligence and algorithms and the Americans with Disabilities...more
5/18/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Documentation ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Reasonable Accommodation ,
Vendors ,
Wage and Hour
Will this catch on in the States?
A tribunal in the United Kingdom has reportedly ruled that insulting a man for being bald is sexual harassment.
According to news reports, the tribunal was made up of three bald men....more
Just about every state or federal employment law has an anti-retaliation provision. Very simply put, anti-retaliation provisions are intended to protect individuals who either pursue their rights under the law, who assist...more
As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New...more
There was this disability discrimination issue . . .
An employer who shall remain nameless had a tradition of throwing a little birthday party for each of its employees on their special day.
The birthday of one employee...more
4/22/2022
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Human Resources Professionals ,
Reasonable Accommodation ,
Social Anxiety Disorder ,
Termination ,
Wage and Hour ,
Workplace Violence
Second post in our series.
NOTE FROM ROBIN: Last month, I posted the first in what will be a series of very basic explanations of the federal laws that govern the workplace.
I could not resist having religious...more
Starting April 13.
The Equal Employment Opportunity Commission has announced that employers can submit their EEO-1 "Component 1" data starting April 13. The deadline to submit data is May 17. Here is the full announcement:...more
(It's possible that you heard this already.)
I was traveling and with a client all day yesterday -- otherwise, I would have posted this in a more timely manner. Better late than never, I hope....more
Plans for the "new" EEOC.
As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires. ...more
Here's how an HR pro would have handled it.
There I was, a hard-boiled, cynical, grizzled, war-torn Human Resources professional, working late, as is my wont.
Suddenly, my phone rang. Odd to be getting a call at the office...more
A new series.
NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more
3/25/2022
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
GINA ,
Race Discrimination ,
Religious Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour
With emphasis on the pandemic.
On Monday, the Equal Employment Opportunity Commission issued updated guidance on “caregiver discrimination” in the workplace. The guidance emphasizes pandemic-related issues, but it is not...more
Of course it is!
Every time I think I’ve heard everything, I hear another thing.
Melinda Abbt was a firefighter for the City of Houston. On her own personal computer, she had a video of herself dancing nude. She made the...more
Don't be surprised.
A spokesperson for the Equal Employment Opportunity Commission has told Bloomberg Law that the agency is thinking about adding information about nonbinary employees to the EEO-1 reports that must be...more
The questions that people send to advice columns!
"I sent $10,000 worth of birthday presents to my grandchildren, and not one of them wrote me a thank you note. Can I stiff them next year?"
"My boyfriend cheats on me...more
Employers can't require arbitration of sexual harassment, assault lawsuits.
President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
The legislation provides that...more
Announcement may be made later today.
The New York Times reports this morning that President Biden has selected his nominee to fill the U.S. Supreme Court seat being vacated by Justice Stephen Breyer....more