Yippee.
Last May the Equal Employment Opportunity Commission suspended its collection of EEO-1 (and EEO-3 and EEO-5) data because of the coronavirus pandemic. According to the agency,
Recognizing the impact that the...more
Predictions from our attorneys in the practice areas that affect employers.
NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more
12/18/2020
/ Affirmative Action ,
Biden Administration ,
Compliance ,
Congressional Review Act ,
Data Privacy ,
Department of Labor (DOL) ,
Electoral College ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
H-1B ,
Immigration ,
Multistate Employers ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Elections ,
Race Discrimination ,
Religious Exemption ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
It's official! (Well, close enough.)
This evening, the Electoral College confirmed Joseph R. Biden as winner of the 2020 Presidential election. Congress will not do an official count of the electoral votes until January 6,...more
12/15/2020
/ Discrimination ,
Electoral College ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Harassment ,
Joe Biden ,
NLRB ,
OSHA ,
Personal Protective Equipment ,
Wage and Hour ,
Workplace Safety
The EEOC is inviting us to ask for opinion letters!
The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public.
Eligible topics...more
12/11/2020
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Opinion Letter ,
Title VII ,
Wage and Hour
Should the employer force the issue?
You Human Resources professionals are familiar with this scenario.
You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more
I have written many, many, many, many times about the transgender funeral director who was terminated from her job after she told the owner that she would begin presenting as a female.
The Equal Employment Opportunity...more
My best guess is yes.
Two new COVID-19 vaccines are hurtling toward approval by the Food and Drug Administration and release to the public.
As a result, employers are asking whether they can require their employees to get...more
11/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Religious Accommodation ,
Remote Working ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The times, they are a-changin'.
My colleague Frank Shuster pointed out earlier this week that a Biden Administration is likely to be very pro-employee and aggressive in enforcing federal labor and employment laws --...more
Not a word about this week's goings on. I promise!
I was having a hard time coming up with a blog topic this week that didn't involve the never-ending election of 2020. (I propose that voting in 2024 be done via...more
Do you make the grade?
How much do you know about the Families First Coronavirus Response Act, work, and school? Take our quiz and find out! As always, the answers are provided at the end of each question, so you can cheat...more
This information could come in handy for employers.
The National Labor Relations Board has made public three Advice letters dealing with the two hottest topics of our times: Political activism, and COVID-19. In each case, a...more
9/18/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Duty to Bargain ,
NLRA ,
NLRB ,
Political Expression ,
Right to Peaceful Assembly ,
State Labor Laws ,
Title VII ,
UFCW ,
Unions ,
Wage and Hour
The draft is at the White House as we speak.
Bloomberg Law reported this morning that revised regulations interpreting the Families First Coronavirus Response Act have been sent to the White House, "typically the last stop...more
I'll keep this short.
(In case you're planning to start your holiday weekend a little early.)
How much do you really know about Labor Day? Take our quiz and find out! As always, the answers appear at the end of each...more
A study says you're losing 15 minutes of valuable work time per day!
A study of Australian employees who have been teleworking during the COVID-19 pandemic found that they were losing approximately 15 minutes of productive...more
Portions of the regulations issued by the U.S. Department of Labor Wage and Hour Division interpreting the Families First Coronavirus Response Act were struck down yesterday by Judge J. Paul Oetken of the U.S. District Court...more
8/5/2020
/ Business Closures ,
Department of Labor (DOL) ,
Documentation ,
Employee's Childcare ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Home Health Care ,
Labor Regulations ,
Paid Leave ,
Sick Leave ,
Wage and Hour
A resume liar, or a candidate who gives you the hard truth?
Let's say you have a great candidate for your vacant position of Director of Widgetary Management. Work experience is on point, excellent presentation in the...more
Test your knowledge!
How much do you know about the rights of LGBT employees? Take our quiz and find out! As always, the answers will appear after each question, so you can cheat all you want, and we'll never know. At the...more
The DOL's Wage and Hour Division tells us how it will look at these issues.
One of the hot (get it?) issues with the Families First Coronavirus Response Act is how it will apply to employees' child care needs after the kids'...more
This is not your usual summer, Gentle Reader.
Dear Miss Mannerly:
Last week, we had our office picnic, but everyone is still working from home, so we did it on Zoom. About 30 employees were on the call. Everybody chose an...more
The case is now moot, says the D.C. Circuit.
The U.S. Court of Appeals for the District of Columbia Circuit has dismissed as moot the appeal of the government in the case of National Women's Law Center v. Office of...more
But no word on when the votes will take place.
The five-member Equal Employment Opportunity Commission currently has two vacancies, with a third on the way as the term of Victoria Lipnic (R) expires. Ms. Lipnic has...more
The scoop on the House version, passed this weekend.
The U.S. House of Representatives has passed H.R. 6201, the “Families First Coronavirus Response Act.” The bill, passed by a vote of 363-40 (with one abstention and 26 not...more
Everyone agrees that it's time.
Remember the spring and summer saga about the collection of EEO-1 compensation data? Yesterday, the judge who ordered the Equal Employment Opportunity Commission to collect the data issued...more
"It could have been worse" edition.
This year was kind of meh from an employment law standpoint. But if Tiny Tim could be grateful despite all that he had to go through, then, by golly, I can be grateful for a mediocre year!...more
Uh, no, says judge.
Last week, I posted that the Equal Employment Opportunity Commission had asked Judge Tanya Chutkan to declare its EEO-1 "Category 2" pay data collection efforts to be complete....more