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Is Diversity a Serious Goal for Organizations?

22 September 2020

Is Diversity a Serious Goal for Organizations?

Author: Anthony Kaylin

Given all the events in the past few months, diversity has been a focus for many organizations.  More specifically, there have been a number of pledges to have greater diversity.  Jaime Dimon, the CEO of JPMorgan Chase, took a knee with employees to protest racial injustice in law enforcement.  There have also been a number of marketing changes by organizations to promote the diversity theme.

When Does Computer Fraud Rise to an Opportunity to Stop Rogue Employees?

15 September 2020

When Does Computer Fraud Rise to an Opportunity to Stop Rogue Employees?

Author: Anthony Kaylin

When employees, especially sales people, have access to various electronic devices, databases, and documents from an organization, at what point does a company have a right under the federal Computer Fraud and Abuse Act (CFAA) to bring a case against an exiting employee for computer fraud? 

Discrimination Cases May Be Easier to Prove Because of the LGBTQ Supreme Court Decision

8 September 2020

Discrimination Cases May Be Easier to Prove Because of the LGBTQ Supreme Court Decision

Author: Anthony Kaylin

The Bostock decision on LGBTQ rights under Title VII of the 1964 Civil Rights Act was a civil rights victory long coming.  From the American perception of same sex marriage to LGBTQ rights, the country took a mighty swing to a new direction since the 1990s when the Defense of Marriage Act was enacted by Congress under the Clinton Administration.  The decision itself was groundbreaking in that it was a 6-3 decision with two of the “conservative” justices voting with the...
Update on FFCRA and School Openings

1 September 2020

Update on FFCRA and School Openings

Author: Anthony Kaylin

The U.S. Department of Labor issued three new FAQs concerning when FFCRA applies to school openings this fall.  Previously, the DOL covered school closings in March, and there was much uncertainty as to how school openings would be treated under the FFCRA.  

Can Employers Require Employees to be Vaccinated for COVID-19 Before Returning to Work?

25 August 2020

Can Employers Require Employees to be Vaccinated for COVID-19 Before Returning to Work?

Author: Anthony Kaylin

The short answer is yes.  The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Equal Employment Opportunity Commission (EEOC) both support this position.  

Cancel Culture in the Workplace

18 August 2020

Cancel Culture in the Workplace

Author: Anthony Kaylin

The “cancel culture” is not a new phenomenon, but a movement that has grown greatly over time. Per dictionary.com, cancel culture refers to the popular practice of withdrawing support for (canceling) public figures and companies after they have done or said something considered objectionable or offensive. Cancel culture is generally discussed as being performed on social media in the form of group shaming – think of the twitter mobs. 

Changes to FFCRA Employers Need to be Aware Of

11 August 2020

Changes to FFCRA Employers Need to be Aware Of

Author: Anthony Kaylin

The FFCRA applies to U.S. employers with fewer than 500 employees.   Last week a district federal court in New York overturned some provisions of the interim FFCRA rules.  These interim rules for the FFCRA were written quickly, within two weeks of the law.  However, these rules have a shelf life of 12/31/20, but given the uncertainty of the COVID-19 vaccinations, it may be extended into another year.  In the meantime, employers that are covered under these rules need...
What is the Role of HR?

4 August 2020

What is the Role of HR?

Author: Anthony Kaylin

It is generally thought of that HR is on the side of management, although at times they will mediate between management and employees.  However, what are the rights of an employer when an HR employee assists an employee with the filing of an EEOC charge against the employer?

Watch Out!  A Byproduct of COVID-19 is Union Agitating

28 July 2020

Watch Out! A Byproduct of COVID-19 is Union Agitating

Author: Anthony Kaylin

As the COVID-19 pandemic continues and grows, worker concerns about safety, job security, and transparency on workplace issues have become forefront.  For example, Amazon has fired warehouse employees who protested the company's working conditions and COVID-19 mitigation measures.  Although Amazon stated it fired these employees for performance issues and violation of mitigation requirements within the warehouse, these firings are close to crossing the line for violations of the...
30-Year Anniversary of the Americans with Disabilities Act

21 July 2020

30-Year Anniversary of the Americans with Disabilities Act

Author: Anthony Kaylin

Thirty years ago, the Americans with Disabilities Act (ADA) was passed and signed into law by President George H. W. Bush on July 26, 1990. It was a momentous event that was the number-one civil rights event of the decade. 

Why Words Matter

14 July 2020

Why Words Matter

Author: Anthony Kaylin

Implicit bias is a growing area of study and a recognized issue in the workplace.  An interesting issue that has generated much research is whether certain words commonly used in job postings are discouraging candidates in protected groups, in particular women, from applying for certain jobs.

Will the Recession Offset Racial and Economic Equity Gains?

7 July 2020

Will the Recession Offset Racial and Economic Equity Gains?

Author: Anthony Kaylin

Before the pandemic and the closing of the economies, the long economic expansion from 2009 to 2020 saw an unemployment rate drop below 4%.  This growth created greater opportunities for those marginalized or otherwise not participating in the economy.  African Americans and Hispanics, workers stuck in low-paid jobs, and those with disabilities or criminal records, had accelerated pay growth and job opportunities.

The Supreme Court’s LGBTQ Decision Impacts Employer Sponsored Health Plans

30 June 2020

The Supreme Court’s LGBTQ Decision Impacts Employer Sponsored Health Plans

Author: Anthony Kaylin

Last month’s Bostock decision ruled that Title VII of the 1964 Civil Rights Act protects LGBTQ rights.  This decision has a number of subtle impacts that employers need to be cognizant of, including compensation and by extension employer sponsored health plans.

“No-Label” Explosion Versus Diversity in the Workforce

23 June 2020

“No-Label” Explosion Versus Diversity in the Workforce

Author: Anthony Kaylin

It seems we are living in an age where 1960’s racial and gender reporting requirements are archaic.  More workers are not identifying themselves by race/ethnicity and/or gender when applying for positions or when onboarding.

Supreme Court Rules That Title VII Covers LGBTQ Employees

16 June 2020

Supreme Court Rules That Title VII Covers LGBTQ Employees

Author: Anthony Kaylin

In a surprising six-three decision written by Justice Neil Gorsuch, the Supreme Court ruled on Monday that Title VII of the 1964 Civil Rights Act protects LGBTQ rights (Bostock v. Clayton County Georgia, No. 17-1618 (June 15, 2020)).  Before the decision, 21 states had their own laws prohibiting job discrimination based on sexual orientation or gender identity, and seven more provided that protection only to public employees.  Michigan does not provide any...
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