The hottest issue in the EEO area is pay discrimination. In the news it is often written that women earn approximately 20 cents or more less than a male counterpart. When it is broken down by race, the disparity grows even larger. However, does disparity mean discrimination?
Employers that have franchise operations, engage independent contractors, or both have had the rules and protections that come with these business relationships turned on their heads in recent years. A newly proposed 4-factor test may simplify things.
Religious accommodations generally do not rise to the level of a disability accommodation when reviewed by courts. But a recent case against Walgreens indicates that standard may change.
The U.S. Department of Labor (DOL) issued an Opinion Letter clarifying how employers must go about allowing an employee to use other time off (paid or unpaid) in conjunction with the Family and Medical Leave Act (FMLA) requirements.
Late yesterday, the U.S. Department of Labor published its new proposed rule raising the Fair Labor Standards Act (FLSA) “white collar” exemption to $35,308/year or $679/week from $23,660/yr. or $455/week. The salary level test is one of three criteria that must be met to legally exempt an employee from overtime and some recordkeeping requirements.
On Monday a federal judge ordered the White House budget office to lift its stay of the reporting of pay with the EEO-1 tool granting summary judgment to the National Women's Law Center and the Labor Council for Latin American Advancement. It is questionable whether the two groups have standing to bring this lawsuit.
A number of Democratic contenders for president have signed on to the slogan, Medicare-for-All. But there is confusion as to what it means and how to pay for it.
With the passage of and impending enactment date (March 29, 2019) of Michigan’s new Paid Medical Leave Act, employers that are covered are hastily reviewing their existing vacation, sick, and personal time, as well as formal Paid Time Off benefits and policies to see how far off they may be from compliance with the new law.
Employer law suits have increased over the years. And whether legitimate or not, they cost employers time and money. Many of these lawsuits are not triggered by blatant abuse of employment laws, but rather simple managerial mistakes.
Late Thursday, Governor Snyder signed the Minimum Wage law (SB 1171) that takes Michigan’s minimum wage to a maximum of $12.05/hr. in 2030 and removed the future indexing of the minimum wage to inflation. He also signed the Earned Sick Time law (SB 1175) that implements paid time off for employee or family member illness, injury, domestic violence, and sexual assault. The new law applies to employers with over 50 employees.
OFCCP is moving at light speed to make changes as to how it operates. There have been a number of new directives in 2018 already, “righting the ship” from the previous administration. Now comes three new directives for Fiscal Year 2019 (DIR 2019-01, DIR 2019-04, and DIR 2019-03). These directives are officially changing the way OFCCP is doing business and how audits will be handled in the future.
For employers defending an equal pay act (EPA) discrimination claim, the “factor other than sex” affirmative defense generally prevails, except when it doesn’t. And lately, courts have been more reluctant to accept the affirmative defense.
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