Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the purpose of information sharing and joint investigations. As you know, the EEOC investigates and enforces allegations of discrimination and retaliation under Title
Tracking intermittent FMLA time — it’s every HR professional’s favorite thing to do. Do you come up with a total number of hours per employee or just count portions of the workweek? What do you do if an employee takes intermittent leave during a holiday week? If you have been wrestling with this issue, the
Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal Employment Opportunity Commission (EEOC) wants to check out those policies to see if there is an ADA
Mass shootings have been increasingly in the headlines in recent years, and many of these incidents have occurred in the workplace. Regardless of anyone’s politics, employers are having to face either the fear of, or the actual experience of, murder in their own offices, factories and schools. What steps should an employer take to keep their employees
The United States Department of Labor recently issued Field Assistance Bulletin No. 2023-1 (FAB), which provides guidance to agency officials on a number of telework issues. The FAB addresses (1) paying workers who telework properly under the Fair Labor Standards Act (FLSA); (2) reasonable break time for nursing employees to express milk while teleworking from
Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may not state claims under more than one statute but only
Paid leave benefits are a hot topic these days. The Congressional Research Service (CRS) has issued an updated report on states that have Paid Family and Medical Leave (PFML) programs and how they work.
We all know that the federal Family and Medical Leave Act (FMLA) requires employers with 50
This week, the EEOC issued new guidance regarding pandemic-related caregiver discrimination. The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women so discrimination against caregivers often looks like sex discrimination. While the updated guidance is specific to COVID-19, is it packed full of good practices to follow regardless of the
Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some bright, shining blessings in what has otherwise been another difficult year. We are grateful
The answer is it depends.
For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game for termination. Typically, however, an employee will seek a reasonable accommodation that enables him or her not