Blog
The EEOC Speaks: Pay Discrimination – Intersectionality and Sex-Plus
May 17, 2022
“Intersectionality” or “intersectional discrimination” is a concept the EEOC developed to refer to discrimination arising through the intersection of two or more protected bases, like sex/race, or national origin/religion.
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California Hikes 2023 Minimum Wage
May 16, 2022
We encourage all California employers to review their wage rates to ensure continued compliance with California’s 2023 rates, including reviewing the salary rates of all exempt employees.
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The EEOC Speaks: Pay Discrimination – the EPA v. Title VII
May 11, 2022
A recent Digest of Equal Employment Opportunity Law article is just chock full of interesting tidbits about pay discrimination – a topic of particular focus for the Biden administration.
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Is the Right to Self-Defense an Exception to Employment-at-Will?
May 5, 2022
In all states but Montana, employment is presumed to be at-will, meaning that either the employer or the employee may terminate the employment relationship at any time, with or without cause or notice.
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Employers May Use a Private Investigator to Validate an Employee’s Use of FMLA Leave
April 28, 2022
While there are plenty of employees who legitimately need and appropriately use Family and Medical Leave Act leave, there are some bad apples out there who abuse FMLA leave, and employers are often frustrated with how to deal with them.
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Could Your Organization Unknowingly be Engaging in Caregiver Discrimination?
April 26, 2022
Employers need to make sure that they are not inadvertently treating caregivers differently based on pre-conceived notions about individuals’ roles in caregiving responsibilities.
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Hack of Payrolls Company Reveals Employer Liability
April 22, 2022
Recent collective actions alleging wage and hour violations by companies using a payroll provider who was hacked offer a stark warning to companies that use payroll providers.
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Extraordinary Workplace Misconduct: Celebrating You is a Piece of Cake…
April 21, 2022
A Kentucky-based medical laboratory, Gravity Diagnostics, was found liable by a jury for disability discrimination when it fired an employee who suffered from an anxiety disorder that caused panic attacks.
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Massachusetts Supreme Court Rules That Paying Employee Even One Day Late Can Lead to Triple (Treble) Damages
April 19, 2022
In Reuter v. City of Methuen, No. SJC-13121 (Mass. April 4, 2022), a recent decision from the Massachusetts Supreme Judicial Court (SJC), the Court ruled that paying employees late is the equivalent to not paying at all, thereby entitling them to triple damages if they are not paid on time.
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NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful
April 18, 2022
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum expressing that the NLRB should declare such meetings to be unlawful.
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Employers Take Note! Labor’s Resurgence Could be Real this Time
April 18, 2022
A recent surge of unionization efforts, coupled with unique economic conditions and key initiatives at the National Labor Relations Board, signal a potential resurgence of the labor movement.
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The Independent Contractor Saga Continues: Return of the Trump Rule and David Weil's Defeat
April 14, 2022
In mid-March, a federal court revived President Trump’s “Independent Contractor” rule. Later that month, President Biden’s nominee for U.S. Department of Labor Wage and Hour Division Administrator – David Weil – failed to obtain Senate approval.
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