Florida Minimum Wage Set for 4.9% Increase
Over the weekend, the State of Florida announced that the minimum wage would increase from $7.31 per hour in 2011 to $7.67 per hour starting January 1, 2012. The minimum wage for tipped employees will also increase from $4.29 per hour to $4.65. The increase is based upon a rising Consumer Price Index and Florida’s …
Read More »
NLRB Delays Posting Requirement Until Jan 31, 2012
The National Labor Relations Board (NLRB) has postponed the implementation of its new posting rule regarding employee rights information. In a press release issued Wednesday, October 5, 2011, the NLRB announced that the new employee rights posting requirement would not be effective until January 31, 2012. The press release can be found here: https://www.nlrb.gov/news/posting-employee-rights-notice-now-required-jan-31-board-postpones-deadline-allow-further-educa According to …
Read More »
EEOC Sues Bass Pro and Issues Press Release
The front page of the EEOC’s website may look a little different to viewers today as the government’s site contains a dedicated space to recruit claimants for a lawsuit filed by the EEOC against Bass Pro Outdoor World, LLC (“Bass Pro”) in the U. S. District Court for the Southern District of Texas, Houston Division …
Read More »
EEOC Publishes Final Regulations Implementing ADAA
The EEOC has now published its final regulations which implement the Americans with Disabilities Act Amendments of 2008. The new regulations can be found at http://www.federalregister.gov/articles/2011/03/25/2011-6056/regulations-to-implement-the-equal-employment-provisions-of-the-americans-with-disabilities-act-as According to the EEOC press release yesterday, “the regulations are designed to simplify the determination of who has a ‘disability’ and make it easier for people to establish that …
Read More »
EEOC Launches Religious Discrimination Claim Against Convergys
Earier this month, the U.S. Equal Employment Opportunity Commission (EEOC) filed suit against Convergys Corporation, charging that the relationship management company violated federal law by refusing to hire a call center employee who could not work on Saturdays due to his religion. In its lawsuit, the EEOC alleges that Convergys refused to hire Shannon Fantroy when …
Read More »
USDOL Recovers $934,000 in overtime wages plus $104,000 in penalties from UnitedHealthcare
Earlier this month, the United States Department of Labor (USDOL) announced the end of an exhaustive investigation into employment practices at UnitedHealthcare’s main office in Hartford, Connecticut. During this investigation, the USDOL interviewed 90 employees and examined compensation records for 21,000 employees. The end result was the payment of over 1 million dollars in back …
Read More »
White House Direction on Reduction in Rules
On January 18, 2011, President Obama signed an Executive Order that outlined his regulatory strategy “to support continued economic growth and job creation, while protecting the safety, health and rights of all Americans.” The Executive Order on Improving Regulation and Regulatory Review can be found here. As a way to immediately implement this strategy, two …
Read More »
EEOC Provides Small Business Assistance on GINA
The Genetic Information Nondiscrimination Act (GINA) required the Equal Employment Opportunity Commission (EEOC) to issue regulations implementing Title II of the Act, which it did on November 9, 2010. The EEOC has now created the following website http://www.eeoc.gov/laws/regulations/gina_qanda_smallbus.cfm to provide small businesses with practical information about the most important requirements of Title II of GINA …
Read More »
Providing Notice Under The New GINA Law
In November 2010, the EEOC issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act (GINA). GINA prohibits the use of genetic information in decision making about health insurance and employment and restricts employers from acquiring and disclosing genetic information. The regulations provided model language for employers to use when …
Read More »
USDOL Requests Public Input
In a news release on 12/21/2010, the U.S. Department of Labor’s Wage and Hour Division requested public comments on its preliminary interpretations of a new provision of the Fair Labor Standards Act requiring employers provide reasonable break time and a private space for expressing breast milk while at work to nursing mothers. The Break Time …
Read More »
USDOL Regulatory Agenda: Plan/Prevent/Protect
Employers would be interested to review the USDOL’s regulatory agenda published in Spring 2010. In particular, employers should note the USDOL’s emphasis on proactive measures that the department would like to require employers to take before the USDOL investigator arrives. Indeed, the USDOL’s agenda marks the end of any regulatory tolerance for what the government …
Read More »
USDOL Introduces Online Resource To Explain ADA Responsibilities
Earlier this month, the USDOL unveiled the latest development in its e-laws advisor programs: an online resource entitled “Disability Nondiscrimination Law Advisor.” The website and related links continue the USDOL’s effort to educate employers and employees about the amendments to the ADA, as well as its fundamental applications. The website requires the viewer to answer …
Read More »
EEOC and Walmart Settle: $11.7 Million
Earlier this month, the EEOC announced that Walmart Stores will pay $11.7 million in back wages and compensatory damages, up to $250,000 in administration fees and will furnish other relief, including jobs, to settle a sex discrimination lawsuit filed by the EEOC. According to the EEOC’s lawsuit, Walmart’s London, Ky., Distribution Center denied jobs to female applicants …
Read More »
EEOC Performance Results: Investigations Still Slow
As many observers noted, the EEOC’s Performance Results for the FY 2009 Performance and Accountability Report (PAR) were released toward the end of last year. The PAR is based on the EEOC’s current modified Strategic Plan for FY 2007 through FY 2010 which was approved by the Commission in 2008. The current strategic plan contained …
Read More »
Court Approves $6.2 Million Dollar Settlement Between EEOC and Sears
Earlier this month, the EEOC announced that the agency had secured its largest Americans with Disabilities Act (ADA) settlement in history. The case against Sears Roebuck & Co was brought in the Northern District of Illinois in 2004 and just this month resulted in a court approved settlement. In the lawsuit, the EEOC claimed that Sears implemented …
Read More »
