Blog
Key Employment Issues Across Europe and Beyond
August 28, 2019
Welcome to the CMS latest edition of On your radar - Key employment issues across Europe and beyond.
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Non-binary Employees and the EEO-1 Report
August 28, 2019
The EEOC has offered some guidance on reporting non-binary employees (those who do not identify as either male or female) on the EEO-1 Component 2 report.
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Courts Continue Obesity Conflict
August 23, 2019
Adult obesity is over 30% in 29 states, 35% in 7 states, and 25% in 48 states. Legally, recent decisions illustrate the difficulty which courts have in determining whether obesity is a disability.
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What is Discrimination Based on Sex?
August 23, 2019
Despite Title VII’s continued use of the term “sex,” courts have used that term and “gender” interchangeably in many circumstances.
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Zamboni Operator on Thin Ice
August 23, 2019
The case of Graham v. Arctic Zone Iceplex, LLC (7th Cir. July 23, 2019) addressed the issue that arises so often with employers: there is no discipline or documentation, but a “final incident” occurs that supports the need for termination.
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Court "Paroles" EEOC Criminal History Guidance
August 22, 2019
In the case of the State of Texas v. EEOC (5th Cir. August 6, 2019), the Court ruled that the EEOC overstepped its statutory boundaries by issuing its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records and Employment Decisions Under Title VII of the 1964 Civil Rights Act.
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Attempt to Protect the Employee from Racism Leads to Discrimination Claim!
August 22, 2019
In an ironic twist, a manager’s alleged attempt to protect an employee from racism resulted in a discrimination claim by that employee.
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Massachusetts: Department Clarifies Coverage for Non-Immigrant Workers under the Paid Family and Medical Leave Law
August 21, 2019
The implementation of the Paid Family and Medical Leave (PFML) law in Massachusetts is fast approaching.
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NLRB Proposes To Improve Representation Case Procedures
August 21, 2019
The National Labor Relations Board has issued a Notice of Proposed Rulemaking to amend its rules and regulations governing the filing and processing of representation petitions.
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DOL Gives Working Parents FMLA Pass to Attend Children's Special Education Meetings
August 16, 2019
In what is perhaps an agency first, the Wage and Hour Division of the U.S. Department of Labor (DOL) recently issued a letter in response to a request from a concerned parent.
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NLRB Expands Scope of Mandatory Arbitration Agreements
August 16, 2019
The National Labor Relations Board has now addressed the use of mandatory arbitration agreements following the U.S. Supreme Court’s 2018 decision in Epic Systems v. Lewis.
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The First Rollout of Proposed Amendments to the NLRB's Election Rules
August 15, 2019
On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures.
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