Seven years after the Supreme Court's decision in Young v. UPS articulated the legal standard required to establish intentional discrimination in the context of pregnancy discrimination, the United States Court of Appeals for...more
Welcome to the Labor & Employment Chronicle, our quarterly newsletter that reviews the top stories from Hinshaw's Employment Law Observer blog.
California Employment Laws -
The year 2018 saw another slew of new...more
Over the past few weeks, a spotlight has illuminated the recurring problem of unlawful harassment in the workplace. The increasing frequency of allegations within the halls of some of the country's most successful industries...more
On Tuesday, August, 29, 2017, the Office of Management and Budget (OMB) issued a stay of the EEOC's collection of information on pay data on EEO-1 reports. ...more
EEOC Issues Final Regulations on Wellness Programs -
It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more
6/3/2016
/ Americans with Disabilities Act (ADA) ,
Cause of Action Accrual ,
Constructive Discharge ,
Department of Labor (DOL) ,
Employee Restrooms ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender Identity ,
GINA ,
Government Investigations ,
Green v Brennan ,
Hiring & Firing ,
Minimum Salary ,
Resignation ,
SCOTUS ,
Statute of Limitations ,
Title VII ,
Transgender ,
Unpaid Overtime ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions
Employers who provide employees with incentives to encourage healthy behavior must contend with an alphabet soup of federal law--ERISA, GINA, HIPAA, the ACA, the ADA, just to name a few. Earlier this week, the EEOC weighed...more
In New Guidance, DOL Gets Aggressive on “Joint Employment” -
By issuing a new interpretative document in January, the U.S. Department of Labor’s Wage and Hour Division attempted to clarify the concept of “joint...more
2/3/2016
/ Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Controlled Substances Act ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
Medical Marijuana ,
Mootness ,
Preemption ,
Rule 68 ,
SCOTUS ,
Settlement Offer
Earlier this week, it was announced that BMW Manufacturing Co. and the EEOC had entered into a Consent Decree, resolving one of three high profile suits over a company's use of background checks in the hire process that had...more
Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more
8/11/2015
/ Background Checks ,
Ban the Box ,
Best Practices ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Disparate Impact ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Negligent Hiring ,
Title VII
Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc. That wait is over as the Supreme Court issued a...more
3/26/2015
/ Disability ,
Disability Discrimination ,
Discrimination ,
Duty to Accommodate ,
Equal Employment Opportunity Commission (EEOC) ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
SCOTUS ,
UPS ,
Young v United Parcel Service