As the summer drew to a close, the EEOC continued to aggressively pursue claims of pregnancy discrimination, filing a total of eight lawsuits involving pregnancy-related discrimination in the month of September alone. These cases range from New Mexico to Georgia and include a wide variety of employers from a commercial moving company to a temporary staffing agency to a home healthcare provider. Despite these differences, however, a common thread throughout the cases is the consistent “no tolerance” position of the EEOC related to pregnancy discrimination. This policy prohibits discrimination based on (a) current pregnancies, (b) past pregnancies, (c) potential or intended pregnancies, and (d) medical conditions related to pregnancy or childbirth.
More about the Biden vaccine mandate
Several weeks ago, I suggested that you stay tuned for the latest developments—that we wouldn’t know much about the Biden vaccine mandate until we had actually read any Presidential executive orders. Well, we can now read two of these: Presidential e
Update on worker classification: employee or independent contractor?
On May 6, 2021, the U.S. Department of Labor announced a final rule withdrawing the Trump independent contractor rule. In the waning days of the Trump Administration, the U.S. Department of Labor (DOL) issued a new final regulation about classifying
New mandatory minimum wage required for Government contractors
On April 27, 2021, President Joe Biden signed an executive order requiring Federal Government contractors to pay at least $15 an hour to certain employees. The order will go into effect on January 30, 2022. Before the order will go into effect, the U
Religious rights trump transgender rights
Update on EEOC v. Harris Funeral Homes, Inc.: On June 15, 2020, the U.S. Supreme Court issued a decision involving in this case. The court held that an employer who fires a person merely for being gay or transgender violates Title VII. On August 18,
On September 11, 2015, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule that prevents government contractors from having pay secrecy or confidentiality policies. Specifically, the rule prohibits discharging or otherwise discriminating against an employee or applicant because the employee or applicant inquired about, discussed, or disclosed the compensation of the employee or any other employee. But the rule allows contractors to require human resources personnel (who have access to employee compensation information as part of their job responsibilities) to keep such compensation information confidential.
Just in case you don’t think the U.S. Department of Labor is serious about going after misclassification of workers:
In an effort to attract and retain valuable employees, several large national companies are implementing updated leave policies to provide paid time off for employees who welcome a new child. The most recent news comes from Netflix, which announced its new policy of allowing full-time salaried employees in Netflix’s streaming division unlimited paid leave for a year following the birth or adoption of a child. Netflix’s announcement last month comes on the heels of several other companies who are providing paid time off to new parents.
On July 6, 2015, the Federal Register published extremely significant proposed changes to the rules governing overtime under the Federal Fair Labor Standards Act (FLSA). This is the first step in the U.S. Department of Labor (DOL) changing the rules and is primarily directed toward decreasing the number of executive, administrative, and professional (EAP) employees who are exempt from the requirement that employers pay them time-and-a-half (1.5 times) their hourly rate for any time worked over 40 hours during a 7-day period. Put another way, this proposed change is likely to increase the number of people who get paid overtime by raising the threshold “salary basis” for those in traditionally white-collar positions.