Is “OK Boomer” an acceptable response by anyone? Given the fact that age discrimination world-wide is rampant and that in the U.S. there appears to be a growing trend against the “Boomer” generation by younger generations, the New Zealand lawmaker who responded to heckling by an older colleague by stating “OK Boomer,” may have cutely stopped a heckler but also has made “boomer discrimination” acceptable. The current trend of anti-Boomer anger centers on the accusation that Baby Boomers have taken all the good jobs. They refuse to surrender their job privilege, despite the entreaties of younger workers begging for a chance to advance. The Millennials, Generation-Z, and Gen-Xers say they’re stuck in their jobs and can’t advance because the Boomers just won’t leave. According to a recent USA TODAY/LinkedIn survey of 1,019 working professionals, 41% of Millennials—and 30% of all adults—reported that it's difficult to advance within their fields because Boomers are waiting longer to retire given their financial situation. It looks like generational issues in the workplace will be more prevalent in the future. Source: Forbes 11/8/19
Employee terminated for taking Sudafed: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug test was the result of his use of an over-the-counter sinus medicine. The plaintiff worked as a crane operator for a refinery in Oklahoma. As such, he was subject to the employer’s substance abuse policy, which provided for random and post-accident drug testing. As part of the testing process, the employer contracted with a Medical Review Officer (MRO), which, per the employer’s policy, would contact any employee after a positive test result to determine whether the employee wished to discuss the result. The plaintiff was selected for a random drug test and, three days later, was sent for a post-accident drug test. The random drug test revealed the presence of amphetamines in the plaintiff’s system, a drug that had not been prescribed to the plaintiff. However, his doctor provided a letter stating that the plaintiff had been taking over-the-counter Sudafed for unspecified “medical conditions.” The employer ultimately terminated the plaintiff for his positive test result. Source: Seyfarth Shaw 11/5/19
New graduate trend to be alarmed about: New data from the New York Fed highlights how the job situation for recent graduates is worsening. While the rest of the labor market trends favorably, fresh graduates are more likely to be unemployed than the base U.S. working population. That has not happened before in the New York Fed data going back to 1990. While the unemployment rate for all college graduates aged up to 65 is trending lower — currently near its lowest level of this current economic cycle — the market for recent college graduates is bucking the overall trend. The rates are calculated as a 12-month moving average. Recent college graduates are defined as those between the ages of 22 and 27, with a bachelor’s degree or higher. Fresh graduates are having a hard time because of the lack of experience and relevant education. “It's a mismatch of skills,” RSM Chief Economist Joe Brusuelas noted. “[And] that's perhaps weighing employment in that cohort.” Source: Yahoo.com 11/10/19
New ADA lawsuits – gift cards need to be embossed with Braille: The first cases alleging that a retailer's failure to sell gift cards embossed with Braille violates the ADA and related state laws have been filed. Enterprising plaintiffs' lawyers have targeted the $400+ billion gift card industry, asserting that gift cards without Braille are not equally accessible to blind and visually-impaired customers. There is significant legal uncertainty as to whether retailers are required to sell Brailled gift cards. The Department of Justice regulations implementing the ADA provide that a "public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the business can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. "Auxiliary aids and services" are defined to include "Brailed materials and displays." It also means that employers could be on the hook for not providing gift cards with Braille as well. Source: Frankfurt Kurnit Klein & Selz 11/7/19
Women’s National Soccer Team wins round 1 in pay disparity case: A federal court in Los Angeles certified the women’s class action lawsuit against the U.S. Soccer Federation over unequal pay and working conditions. Who is worth more? In fiscal 2016 and 2017, the women’s team generated more cash than expenses, bringing in net revenue of $8 million and $1 million, respectively. The men’s team in fiscal 2015 and 2016 posted net revenue of $350,000 and $2.7 million, respectively. The USWNT did make more in bonuses and salary than the USMNT in fiscal 2018, according to estimates, but it’s worth noting they also played almost double the number of games and won significantly more often. But consider this, the 2019 World Cup championship team will win $4 million, and the total prize money awarded to all teams during this summer’s World Cup is roughly $30 million. Yet the prize money overall for the men’s 2018 World Cup in Russia came to a total of $400 million, or over 13 times more than the FIFA prize money for the women this summer and France, the ultimate men’s World Cup champion was paid $38 million. Source: Washington Post 7/8/19, Money 7/5/19
OFCCP to exempt Tricare providers from OFCCP regulations: The Office of Federal Contract Compliance Programs (OFCCP) has issued a Notice of Proposed Rulemaking formally addressing its authority over TRICARE health care providers. The OFCCP is proposing to permanently end its jurisdiction over TRICARE health care providers. Reversing its previously held legal opinion, the proposed rule provides that the OFCCP lacks authority over federal health care providers who participate in TRICARE. Specifically, the OFCCP seeks to revise its definition of “subcontractor” to exclude health care providers with agreements to furnish medical services and supplies to individuals participating in TRICARE. Before health care providers start celebrating, they should remember that the OFCCP would still have authority over TRICARE providers if they hold a separate covered federal contract or subcontract. But when it comes to TRICARE itself, those entities may soon be off the hook for good. Source: Constangy 11/6/19
New OFCCP directive on employment of military spouses: On November 8, the DOL’s Office of Federal Contract Compliance Programs (OFCCP) released a directive that it characterized as "renewing its commitment to military spouses." The move came in addition to other actions taken in advance of Veterans Day on November 11, including the agency’s release of its first audit list that focuses only on compliance with the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). Directive 2020-01: Spouses of Protected Veterans encourages contractors to recruit, hire, and retain the spouses of veterans and active duty military. It requires OFCCP compliance officers to inquire with federal contractors during onsite investigations about their treatment of veteran spouses. The sample policy statement that federal contractors can incorporate into their employee handbooks promoting the equal employment opportunity of all military spouses is as follows: "It is [Federal Contractor, Inc.’s] policy not to discriminate because of a person’s relationship or association with a protected veteran. This includes spouses and other family members. Also, [Federal Contractor, Inc.] will safeguard the fair and equitable treatment of protected veteran spouses and family members with regard to all employment actions and prohibit harassment of applicants and employees because of their relationship or association with a protected veteran." Source: OFCCP