In March of this year, President Obama instructed the USDOL Secretary to “modernize” the overtime regulations: http://www.whitehouse.gov/the-press-office/2014/03/13/presidential-memorandum-updating-and-modernizing-overtime-regulations. In particular, the President noted that the traditional white collar exemptions “have not kept up with our modern economy.” As a result, the President asked that the regulations be revisited. Since that time, the USDOL has been working on […]
Earlier this month, a federal judge in Iowa ordered the EEOC to pay over $4 million dollars of an employer’s attorney’s fees for its succesful defense of a class action sexual harassment suit brought by the EEOC. The case, which was originally commenced in 2007, has been the subject of much commentary as it has unfolded. […]
Most employers are aware that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating against employees on the basis of “religion.” Courts have broadly construed the term “religion” to mean most sincerely held beliefs, including atheism. The law is clear that employers are to not discriminate on the basis […]
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 […]
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 […]
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 […]
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 […]
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 […]
On January 24, 2011, the Supreme Court of the United States handed down a decision that will, no doubt, reshape the world of employee retaliation claims. In Thompson v. North American Stainless, LP, Plaintiff Eric Thompson and his fiance worked for the same company. After his fiance filed filed a charge of gender discrimination with the Equal Employment […]
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 […]
