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Factory Worker who Couldn’t Wear Safety Shoes Wasn’t a Qualified Individual under the ADA
A factory worker who was terminated due to her medically documented inability to wear protective footwear because of her diabetes and feet deformities failed to defeat summary judgment on her disability bias and failure-to-accommodate claims since she was undisputedly...
Federal Contractor Pays $226K to Resolve Pay, Hiring Discrimination Allegations
The U.S. Department of Labor (DOL) Office of Federal Contract Compliance has announced the settlement of pay discrimination and systemic hiring discrimination allegations at a federal contractor’s facilities in California and Washington. In total, Universal...
Average Hourly Earnings Increase 0.2% in June, CPI Increases 0.1%
The U.S. Bureau of Labor Statistics has reported that real average hourly earnings for all employees increased 0.2 percent from May to June. This result stems from a 0.2-percent increase in average hourly earnings combined with a 0.1-percent increase in the Consumer...
DOL Offers New Wage and Hour Compliance Advice
The U.S. Department of Labor (DOL) Wage and Hour Division issued opinion letters offering employers guidance on various pay practices, specifically relating to calculating overtime pay as part of nondiscretionary bonuses and rounding practices for calculating hours...
NLRB Rules Parts of Social Media Policy Are Unlawful
The National Labor Relations Board (NLRB) has found the following rule to be unlawful: "Employees should refrain from posting derogatory information about the Company on any such sites and proceed with any grievances or complaints through the normal...
NLRB Rules Overbroad Confidentiality Policy is Unlawful
Employer's confidentiality policy stated in part that "all information gathered by, retained or generated by the Company is confidential. There shall be no disclosure of any confidential information to anyone outside the Company without the appropriate...
DOL Publishes Final Regulations Expanding the Availability of HRAs
The Department of Labor, together with the Department of Health and Human Services and the Department of the Treasury (collectively, the “Departments”), published final regulations designed to expand the use of health reimbursement arrangements...
Tennessee Adopts 20-Factor Test in Independent Contractor Analysis
Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective January 1, 2020. Current Standard Under the...
New Nevada Law Will Bar Rejection of Applicants Who Test Positive for Marijuana
Effective January 1, 2020, employers in Nevada will be prohibited from denying employment because of the presence of marijuana in a screening test taken by a prospective employee.
Average Hourly Earnings Increase 0.2% in May, CPI Increases 0.1%
Real average hourly earnings for all employees increased 0.2 percent from April to May, the U.S. Bureau of Labor Statistics has reported. This result stems from a 0.2-percent increase in average hourly earnings combined with a 0.1-percent increase in the Consumer...