Latest News
Unrelated Employers Sued for Disability Discrimination
The Equal Employment Opportunity Commission (EEOC) has filed a pair of unrelated lawsuits alleging that employers in Texas and Alaska ran afoul of the Americans with Disabilities Act (ADA) by discriminating against employees due to their glaucoma and bladder...
Federal Court Highlights Job Reinstatement Obligations After FMLA Leave
The U.S. District Court for the Eastern District of New York has allowed an employee's Family and Medical Leave Act (FMLA) retaliatory transfer claim to proceed. The court found that the employer’s explanation for eliminating the plaintiff’s position...
Employer Pays $650K to Resolve Allegations that it Permitted Harassment of Hispanic Employees
Pape Material Handling, Inc, has agreed to pay $650,000 to settle allegations that it violated Title VII when the nationwide company that sells, rents, and services forklift products permitted employees to harass Hispanic workers. Specifically, Pape Material Handling...
Employer Pays Over $650K in Back Wages Following FLSA Violations
An investigation by the U.S. Department of Labor’s Wage and Hour Division found that Hankook Tire Manufacturing Tennessee LP violated overtime and record keeping provisions of the Fair Labor Standards Act (FLSA). Investigators discovered that the company failed...
DOL Extends Comment Periods for Proposed Joint Employer and Regular Rate Regulations
The U.S. Department of Labor (DOL) has extended the period for public comment on recently-issued Notices of Proposed Rulemaking (NPRM) regarding amendments to the regulations concerning determination of the “regular rate” of pay under the Fair Labor...
New York City Bars Pre-employment Marijuana Testing
The New York City Council recently passed a bill to prohibit pre-employment screening for marijuana. New York City mayor Bill de Blasio neither signed nor vetoed the bill within the city charter-mandated 30-day time period, so the bill became law on May 10, 2019. The...
Employer to Pay $950,000 to Settle Nationwide Disability Discrimination Lawsuit
Corizon Health Inc. and Corizon LLC have agreed to pay $950,000 to settle a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The suit claimed that Corizon violated the Americans with Disabilities Act (ADA) by refusing to accommodate...
Employers Can Prorate Bonus Payments for Employees on FMLA Leave
Employers frequently wonder when to pay bonuses to employees on leave under the Family and Medical Leave Act (FMLA). Do employees who do not meet certain goals due to leave qualify for such bonuses? The FMLA regulations provide: "If a bonus or other payment is...
EEOC Finally Has A Quorum Again
The U.S. Senate has confirmed the nomination of Republican Janet Dhillon as the Chairwoman of the Equal Employment Opportunity Commission (EEOC or Commission). Ms. Dhillon joins Republican Victoria Lipnic, who has been Acting Chair, and Democrat Charlotte Burrows. Ms....
Commission-Only Inside Salespersons are Entitled to Overtime and Sunday Pay Under Massachusetts Law
Interpreting the “plain and ordinary” language of the state’s overtime statute and related regulations, the Massachusetts Supreme Judicial Court has held that inside sales employees paid on a 100% commission basis are additionally entitled to pay for...