Latest News
EEOC Sues Pet Waste Removal Company For Pregnancy and Disability Discrimination
The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging that Virginia-based DoodyCalls, a leading pet waste removal company, violated federal law when it fired a pregnant worker because of her pregnancy and disability. According to the suit,...
NLRB Releases New Advice Memo on Social Media Policies
Addressing whether certain provisions of the employer’s Social Media Policy violate the National Labor Relations Act (NLRA), the National Labor Relations Board held that only policy provisions prohibiting employees from posting inaccurate or false information...
Average Hourly Earnings Increase 0.4% in August, CPI Increases 0.1%
The U.S. Bureau of Labor Statistics has reported that real average hourly earnings for all employees increased 0.4 percent from July to August. This result stems from a 0.4-percent increase in average hourly earnings combined with a 0.1-percent increase in the...
New DOL Opinion Letter Addresses Retail 7i Exemption
The United States Department of Labor (DOL) has issued an opinion letter addressing the Fair Labor Standards Act (FLSA) and Retail 7i Exemption. DOL opinion letters are not binding law, but provide guidance into how the DOL interprets the laws that it enforces....
Florida Healthcare Employer Will Pay $375K to Resolve Suit Over Inflexible Leave Policy
Another employer has felt the wrath of the Equal Employment Opportunity Commission (EEOC or Agency) over what the Agency describes as an "inflexible 12-week maximum leave policy." Tallahassee Memorial Healthcare, Inc, has agreed to pay $375,000 to a class of...
A Look at the Ever-Changing Leave and Accommodation Law Landscape
2019 has brought a flurry of new leave and accommodation laws. In fact, in the first 8 months of 2019, more than 20 new laws in this area have passed. The states that passed new laws, expanded or otherwise amended existing leave and accommodation laws, or had new laws...
Trucking company Pays $40K to Resolve Dispute over Screening Assessment, 100 Percent Healed Policy
A recently settled lawsuit filed by the Equal Employment Opportunity Commission (EEOC) underscores the federal antidiscrimination agency’s frequently repeated messages that under the Americans with Disabilities Act (ADA), job qualification screening tests must...
No-fault Point Reduction Policy Interfered with Employee Right to Take FMLA Leave
The U.S. Court of Appeals for the 6th Circuit has has ruled that an employer’s "Attendance Point Reduction Schedule," which treated paid time off for vacation, bereavement, jury duty, military duty, union leave, and holidays as days "worked"...
Beginning in 2020, Employers May Reimburse Health Insurance Premiums as an Alternative to a Traditional Group Health Plan (Subject to Several Requirements)
Many employers have contacted us over the years asking whether they may offer an “employer–payment plan” rather than offer a traditional group health insurance plan. An employer-payment plan is a type of account-based plan that provides an employee...
What the DOL Guidance on Nondiscretionary Bonuses Means for Nonexempt Employees
A common challenge for employers of nonexempt employees who receive quarterly or annual nondiscretionary bonuses is how to factor such bonuses into the employees’ regular rates of pay and calculate the appropriate overtime premiums due to those employees. The...