Under the District of Columbia’s Universal Paid Leave Amendment Act of 2016 (UPLA), paid family and medical leave will soon be a reality in DC. The DC paid leave program will be funded entirely by employer payroll tax...more
Although it has been more than a month since a federal district court judge ordered the reinstatement of a controversial EEO-1 pay data reporting rule, it is still unclear when employers will need to comply....more
4/11/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
Effectively immediately, employers who perform background checks on applicants or employees using third party consumer reporting agencies (these background checks are known as “consumer reports”)...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) issued new FMLA medical certification and notice forms on September 4, 2018. The new forms are substantively identical to the agency’s previous (now expired) forms,...more
Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more
We previously blogged about the requirements of Maryland’s new paid sick leave law, the Maryland Healthy Working Families Act. That law took effect on February 11, 2018, despite efforts by a number of lawmakers to delay it. ...more
We blogged in February about two Seventh Circuit cases pending before the Supreme Court that would have given the Court the opportunity to provide guidance as to whether, and if so to what extent, the ADA requires employers...more
Most employers are required to post the familiar EEO Is the Law poster. This is a friendly reminder that the OFCCP (Office of Federal Contract Compliance Programs) also requires federal contractors and subcontractors subject...more
3/13/2018
/ EEO ,
Employee Handbooks ,
Employer Liability Issues ,
Federal Contractors ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
LGBTQ ,
OFCCP ,
Pay Transparency ,
Posting Requirements ,
Sexual Orientation Discrimination ,
Subcontractors ,
Transgender
The United States Supreme Court just issued a decision in a highly anticipated whistleblower case, and unanimously held that the antiretaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act...more
2/22/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Petition for Writ of Certiorari ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to recover from treatment before returning to work....more
Employers generally assume, correctly, that an employee who fails to report for duty at the end of an FMLA leave with a specified end date can be terminated. ...more
Employers facing a determination by the OFCCP (Office of Federal Contract Compliance Programs) that they have violated the anti-discrimination laws applicable to federal contractors often confront a black box when trying to...more
Employers subject to EEO-1 reporting were relieved to learn that the controversial new pay data reporting requirement for this year’s EEO-1 report was recently suspended. ...more
11/16/2017
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Hurricane Harvey ,
Hurricane Irma ,
OMB ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
VETS 4212 ,
Wage and Hour
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits employers from...more
4/14/2017
/ Civil Rights Act ,
Discrimination ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
Job Applicants ,
LGBTQ ,
School Districts ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII