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EEOC Position Statements

In order to assist employers in drafting EEOC position statements, we recently released a video on our YouTube page outlining tips for crafting EEOC position statements.  As a follow up to that video, we want to highlight the EEOC’s recent updated information and guidance regarding employer position statements.  A position statement is the employer’s response to an employee’s or ex-employee’s Charge of Discrimination.  In most instances, after an employee or ex-employee files a Charge of Discrimination with the EEOC, the EEOC contacts the employer to request a position statement.  While many employers will utilize the services of a lawyer to draft the Read more
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What Justice Scalia’s Death Means for Employers

You likely have seen or read numerous stories and reports about the death of United States Supreme Court Justice Antonin Scalia and what it means for U.S. politics and the upcoming presidential election.  We will leave that discussion to the experts.  If a replacement is not appointed and approved, though, the Supreme Court will be left with only 8 members that are ideologically split on 4-4 lines.  While there is no guarantee that this will be a problem, there is potential that some cases could be decided on a 4-4 basis.  If that happens, the lower court decision stands but Read more
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FLSA Lawsuits and Enforcement On the Rise

It doesn’t take much to see that FLSA claims, including lawsuits and Department of Labor audits/enforcement, are on the rise.  All you have to do is turn on your TV, open a newspaper or visit the Internet.  In fact, if you use Uber to get around or follow the NFL or the NBA, you already see several major examples.  The Oakland Raiders cheerleading squad filed a lawsuit against the team in early 2014 alleging that they were employees entitled to minimum wage and overtime.  While both the NFL and the Department of Labor alleged that the cheerleaders, the Raiderettes, should or Read more
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A Reminder About the Protected Nature of Alcoholism

You may or may not have seen the sports news in the last few days and weeks but ESPN and other outlets reported that former University of Southern California head football coach, Steve Sarkisian, filed a lawsuit against the school alleging disability discrimination and failure to provide a reasonable accommodation based on the fact the school terminated him near the middle of the 2015 football season. In December 2013, USC hired Sarkisian as the head football coach and entered into a five-year contract with Sarkisian. In October 2015, USC terminated Sarkisian only 24 hours after it asked him to take Read more
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The ADA at 25

My firm recently was asked by a client to provide a list of the top three compliance issues facing employers today.  I know you are sitting there thinking, “only three?!?!”  As we considered the issues our clients face, though, we compiled a list that you probably see on pretty much every continuing education brochure you encounter – FLSA problems involving misclassification, the NLRB and its decisions and directives regarding social media, and the intersection of the ADA (and ADAAA) and FMLA.  Had enough acronyms yet?  While you may be exhausted with these topics, they certainly bear repeating over and over Read more
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Overtime Regulations Update

The Obama Administration and the Department of Labor have proposed new overtime regulations that are slated to go into effect early next year.  Here is what we know. The salary threshold for the white collar exemptions (i.e. executive, administrative and professional) in which most exempt workers fall will rise from $23,660 to $50,440 (from $455 per week to $970 per week).  In addition, that amount will increase in future years in some fashion – either tied to inflation or tied to a percentile of income. Read more
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News and Notes

For all you folks out there just yearning for employment law news, we have a few “News and Notes” for you as we hit mid-week. We’ve all heard the talk about the Obama Administration’s push to change the overtime white-collar exemptions but did you know that the Department of Labor also is beginning the process of examining the use of technology, including portable electronic devices, by employees away from work and outside of scheduled work hours.  It’s extremely early in the process but employers should be aware that there are some potential changes on the horizon.  We’ll keep you up Read more
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What Does The Hobby Lobby Decision Mean for Your Business

On June 30, 2014, the U.S. Supreme Court reached a decision regarding whether or not Hobby Lobby and other closely-held businesses had to pay for contraceptive measures that those companies viewed as abortion and, therefore, against those companies’ owners’ religious beliefs.  The contraceptive coverage was mandated under the Patient Protection and Affordable Care Act of 2010 (“ACA”).  The Supreme Court ruled in favor of Hobby Lobby and the other businesses, which means Hobby Lobby and these businesses do not have to pay for their employees to receive certain types of contraceptives. The employees still do not have to pay for Read more
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Don’t Forget About Disparate Impact Discrimination

As Human Resources professionals, you all know about the various types of discrimination and quite certainly you all have policies prohibiting discrimination in the workplace. I am sure you have regular training for management and non-management personnel regarding how to prevent discrimination and in the unlikely event of discrimination, how to remedy it. Most likely, though, your focus is on intentional discrimination, not disparate impact. You may be just like the Consumer Financial Protection Bureau. In a recent Wall Street Journal article, Ronald Rubin, a former CFPB enforcement attorney, recounted the “political correctness” that permeated the CFPB. He noted that Read more