As those companies who are required to submit an EEO-1 form know, the deadline for the annual submission is coming up soon – September 30. Generally speaking, covered employers must report on the form, by establishment/company totals and job group (e.g. first level officials and managers, professionals, administrative support employees, etc.), the number of employees by sex... Continue Reading

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In a long-awaited and split decision, Browning-Ferris Industries of California, Inc., the National Labor Relations Board addressed whether BFI should be deemed a joint employer with the staffing agency whose employees performed various work functions for BFI and, in so doing, the Board revised its 30+-year standard for determining joint employer status. According to the... Continue Reading

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I’m the type of person who reads the ends of books first (which drives my book club friends crazy).  I always want to know how things turn out, which can be a little frustrating in my area of practice.  I provide advice and counsel to clients on how to deal with sticky employment situations, but... Continue Reading

The post EEOC v. Abercrombie & Fitch: The Epilogue appeared first on The Labor & Employment Report.

So I’ve noticed that the EEOC likes to adopt major policy shifts in sneaky ways.  For example, when the EEOC first decided that pregnancy-related impairments may be disabilities under the amended Americans with Disabilities Act, it didn’t put in the revised regulations, but slid it into the Q&A document on the revised regulations.  When the... Continue Reading

The post EEOC Says Sexual Orientation Is Protected Under Title VII! appeared first on The Labor & Employment Report.

So the Department of Labor is on a mission to extend the reach of the Fair Labor Standards Act.  Following on the heels of the proposed overtime regulations, in which the DOL is seeking to expand the number of workers eligible for overtime pay (and thereby increase their income – at least theoretically), the DOL has... Continue Reading

The post The DOL Issues Guidance on Independent Contractors appeared first on The Labor & Employment Report.

The U.S. Supreme Court’s decision in Obergefell v. Hodges, in which it held that same-sex couples have a constitutional right to marry, made headlines.  This decision has a practical impact on employers – particularly on those with operations in states that to date had not recognized the validity of same-sex marriages. There are a number... Continue Reading

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So, after many months of anticipation, I found the Department of Labor’s proposed overtime rules oddly disappointing. This was supposed to be a major overhaul of the regulations governing which employees would be exempt from the requirement to pay overtime for all hours worked over 40 in a workweek. The current regulations set forth three tests... Continue Reading

The post Concerns About the Proposed Overtime Rules appeared first on The Labor & Employment Report.

I love cases with weird facts! And this one has the added benefit of providing an example of a violation of the Genetic Information Nondiscrimination Act. When I do training on non-discrimination and harassment, I have all sorts of fun and interesting examples of other forms of discrimination – sex, race, age, etc. But not... Continue Reading

The post GINA and “The Mystery of the Devious Defecator” appeared first on The Labor & Employment Report.

Last Friday afternoon, I was listening to NPR. I am a loyal NPR listener and have been for many years. Sure, I know it has a liberal bias, but I always thought – in fact, trusted – that it at least got the basic facts right. Thus, I was unbelievably dismayed by a story on... Continue Reading

The post The Law v. the Law According to the Media appeared first on The Labor & Employment Report.

Admittedly, as a management-side labor and employment lawyer, I am not always a big fan of the unions.  And a recent story in the LA Times just reinforced my negative attitude. As many of you know, increasing the minimum wage has been a hot political issue, and labor unions have been strong and outspoken advocates... Continue Reading

The post LA Labor Unions Seek Exemption From Minimum Wage Increase – Oh the Irony! appeared first on The Labor & Employment Report.