An Equal Pay Act plaintiff must show that employees of the opposite sex were paid different wages for equal work. Pretty simple — right? However, there are many factors that go into deciding what is “equal work” or whether the difference in wages is really tied to sex. In Jennifer Joy Freyd vs. University
Tell Me Again — Do We Have to Give FFCRA Leave in 2021?
2020 is in the rearview mirror. Whew! Unfortunately, COVID-19 is not gone and certainly not forgotten. The latest hot topic has been what to do with employees who think they should get paid leave for COVID-19 reasons that were provided under the Families First Coronavirus Response Act (FFCRA.) (In case you need a refresher on
Good Riddance, 2020! Don’t Let the Door Hit Ya’ On the Way Out…
It was a mess of times. It was the masked of times. We all probably agree that 2020 presented unexpected and unwanted challenges to employers. It certainly made all of us address unprecedented issues. Let’s look back at some of the things we had to learn during the last 12 tumultuous months and see what
I’m So Confused! Just How Long Does Your COVID-19-Exposed Employee Have to Quarantine?
Just when you thought you had the rules down for when and how long an employee has to quarantine, the CDC changes the rules. Or has it? In its guidance, When You Can Be Around Others After You Had or Likely Had COVID-19 (updated on December 1, 2020), the CDC hasn’t really changed its tune.
EEOC Explore: The EEOC’s New Data Tool — What Does It Mean for Employers?
The EEOC is trying to make it easier to get information about employment trends and has launched EEOC Explore, “an interactive data query and mapping tool” that gives you access to aggregate data on more than 56 million employees and 73,000 employers across the U.S. According to the EEOC’s FAQs, this tool will enable
OSHA Is Issuing Citations for COVID-19 Infections from the Spring
Since the beginning of the COVID-19 crisis, we have been talking about things to do to keep your employees safe and what laws apply in that arena. Recently, OSHA started handing out fines to companies for employee outbreaks across the country, from New Jersey to Colorado to Louisiana to South Dakota.
The recent COVID-19
You Fired My Dad! Fifth Circuit Rules Title VII Retaliation Ban Does Not Cover Third-Party Claim
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer taking an adverse employment action against the reporting employee. We all know that Title VII prohibits retaliation against an employee
More Back to Work Thoughts: DOL Provides Tips on Accommodations Due to COVID-19
As the country moves closer to fully opening businesses, the Department of Labor wants to remind all employers that their obligations under the Americans with Disabilities Act are still in place for workers with disabilities. The Job Accommodation Network (JAN), a free service provided by the DOL’s Office of Disability Employment Policy, published several strategies
Seventh Circuit Scrubs Attempted Snub of Arbitration of Grubhub Paystub Hubbub
There have been many examples of the tension between the “gig economy” and traditional labor laws. Most of the companies like Uber or Grubhub choose to classify their drivers as independent contractors instead of employees, which eliminates obligations like overtime under the Fair Labor Standards Act. The Seventh Circuit this week dealt with such a
Department of Labor Provides Easier, Breezier FMLA Electronic Notice Forms for Employers
In a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the number of questions that require written responses. Instead, many categories can now be handled