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Fourth Circuit Raises Bar for Early Dismissal of Equal Pay Claims

Under the federal Equal Pay Act, once a plaintiff has made a prima facie case of pay discrimination based on gender, the burden of proof shifts to the employer to demonstrate legitimate business reasons for the disparity....more

Employer Cannot Cap Bonus Plan Already in Effect

Several years ago, we received a call from a client’s vice president of human resources who was facing an unusual problem. The company had a regional salesperson who was having an extraordinary year....more

Prior Harassment Warning Used to Attribute Knowledge of Subsequent Conduct to Employer

Under Title VII, employers are only liable for an employee’s – as opposed to a supervisor’s – sexual harassment of a co-worker if it knew or should have known of such conduct. Last month in an unpublished decision, the Second...more

Refusal to Take Flu Vaccine Not Based on Religious Beliefs

From time to time, health care employers find themselves faced with employees who refuse to take mandatory vaccines intended to protect themselves and their patients from exposure to infectious diseases. Sometimes these...more

FMLA Care Leave Rights Expire Upon Relative's Death

The Family and Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid leave per year for, among other things, care of a spouse, parent, or child with a serious health condition (SHC). What happens to these...more

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