Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination. In third place: disability discrimination. Employers should expect retaliation claims to continue to lead … Continue Reading
The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements. The new tax act follows suit by including a provision which makes confidential payments or settlements … Continue Reading
I have always been fascinated when the shy people that I know suddenly become exhibitionists when it comes to donning Halloween costumes. Whether it is a sexy French maid costume from Victoria’s Secret or Captain Underpants® (from the Dreamworks movie), adult costumes have become much edgier. Those costumes are perfectly fine at a private party … Continue Reading
Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for covered employers (private employers with 100 … Continue Reading
In last week’s blog, I highlighted Facebook CEO Mark Zuckerberg’s announcement that he’ll be taking 2 months off work following the birth of his daughter later this year (even though, presumably, he would be entitled to 12 weeks under the FMLA, and 4 months under Facebook’s policy). Well, paternity leave has hit the news again. Just … Continue Reading
Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you were able to get a “glimpse into the future” of Labor & Employment law. Check out our Facebook album with photos from the event to see if you can spot yourself or your colleagues! Congratulations to the winners of … Continue Reading
Earlier this month, the EEOC and Orion Energy Systems settled a case pending in a Wisconsin federal court in which the EEOC alleged that the company’s wellness plan violated the Americans with Disabilities Act (ADA). This case goes back to the spring of 2009 when an employee was forced to pay 100% of her group … Continue Reading
I cannot believe another year has come and gone! We are quickly approaching our 27th Annual Labor & Employment Law Seminar. Join us Friday, May 19th from 8am-4pm at the JW Marriott Marquis Miami as we “Predict the Future” and discuss what awaits employers in 2017. Mark your calendars now because this year’s seminar is not to … Continue Reading
We all love factoids-right? So if you are heading out to a New Year’s Eve Party this weekend and need a few icebreakers to get the conversation going, the U.S. Equal Employment Opportunity Commission (“EEOC”) has come to the rescue. The EEOC recently provided a brief review of its fiscal year which ended September 30. Feel free … Continue Reading
At the risk of reinforcing the notion of lawyers and human resources professionals as being the “no fun” bunch, we offer some practical tips to avoiding the unsuspecting tricks employers may experience after treating employees to Halloween cheer. First, while many will revel in the opportunity to wear a costume to work and to enjoy … Continue Reading
It’s time! An employee needs to go. The departure needs to be a clean break with no threat of future litigation. A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. The employee accepts the extra money … Continue Reading
I recently attended a breakfast meeting with Michael Farrell, the new District Director for the Miami office of the U.S. Equal Employment Opportunity Commission. The Miami District Office has jurisdiction over the State of Florida (excluding a few counties in Florida’s Panhandle), as well as Puerto Rico and the U.S. Virgin Islands. Federico Costales was … Continue Reading
With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for experienced HR professionals or our “Hop … Continue Reading
Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different than the one assigned at birth, … Continue Reading
If I were to challenge you to a game of high stakes poker, would you accept the challenge if you had to show me your cards but I did not have to show you mine? Of course not! But, that’s exactly what the Equal Employment Opportunity Commission (“EEOC”) is asking employers to do. Here’s the … Continue Reading
Psst- I’ve got a secret! Registration is now open for our 26th Annual Labor & Employment Law Seminar! Join us on Friday, May 20th from 8 am – 4:00 pm at the beautiful JW Marriott Marquis Miami. Past attendees requested dual track content on legal issues such as FLSA, ADA and FMLA. We’ve heard you! … Continue Reading
Once in a while, everyone might feel like Bill Murray in “Groundhog Day”, wondering whether we are living the same day at work over and over again. A persistent question, though, is whether everyone is being paid lawfully for doing so. Last Friday, seven years to the day that President Obama signed the Lilly Ledbetter Fair … Continue Reading
It may be 2015 but sexual harassment and religious discrimination are alive and well. Just ask the potato packers at Smokin’ Spuds, Inc. and the beer truckers at Star Transport. The EEOC just announced successful resolutions in cases against these companies. Perhaps more interesting than the spuds and the six packs are the facts which … Continue Reading
Walter Matthau and Jill Clayburgh were gifted actors. But the new term of the Supreme Court, which opens today, promises to generate some drama of its own as well. Somewhat lost amid the understandable attention received by the historic same-sex marriage and Obamacare rulings last year were several important Supreme Court employment law cases regarding employee compensation … Continue Reading
A few weeks ago, my son started school at a local synagogue. When I opened his backpack on Friday, I found a note from his teacher. It read, “In honor of Rosh Hashanah (the Jewish New Year), please send in a mitzvah note for your child (a good deed that your child did).” My 27-month-old … Continue Reading
A call center worker employed by New York City is suing for reinstatement and back pay after being viewed as a danger to her coworkers and recently fired from a job she held for 27 years. According to the city, she was deemed to be acting in a threatening manner toward the deputy director of … Continue Reading
Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s historic decision in Obergefell on June … Continue Reading
Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working on a battery line because of … Continue Reading
I have good news for you! The U.S. Department of Labor has finally released revised notices and forms for use with employee leaves under the Family and Medical Leave Act. More good news: the new docs have a new expiration date – May 31, 2018. The revised notices/forms include the following: WH-380-E Certification of Health … Continue Reading
