Just this morning, the U.S. Supreme Court finally agreed to hear three cases from the circuit courts that split on whether Title VII of the Civil Rights Act of 1964 protects against discrimination in the workplace based on...more
4/22/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
EEOC v RG & GR Harris Funeral Homes ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
Yesterday, the U.S. Department of Labor (“DOL”) completed the wage and hour trifecta, issuing the third of its critically acclaimed proposed rules—this one redefines (or clarifies, if you prefer) the regulations addressing...more
Yesterday, as anticipated, the U.S. Department of Labor (“DOL”) released its proposed guidance to clarify the rules regarding what is and is not required to be included in the “regular rate of pay” (“RROP”). Remember, the...more
Don’t say I didn’t tell you so—you read it right here on Monday: the new Fair Labor Standards Act (“FLSA”) white collar exemption salary threshold was just about to hit the street. And, guess what?...more
As I previously reported in mid-January, the U.S. Department of Labor’s (“DOL”) long-awaited, updated proposal setting a new salary threshold for the Fair Labor Standards Act’s (“FLSA”) white collar exemptions finally made...more
On January 23, 2019, the Department of Labor (“DOL”) passed along another potential bombshell rule (see our prior post here on the white collar exemption salary threshold rule that’s also currently under review) to the White...more
Just when you thought it was safe to go back in the water, the U.S. Department of Labor (“DOL”) reappears to address an issue that has most American employers on edge: How far will it expand the scope of who is eligible for...more
Here we go again, Pennsylvania employers, but this time on the local front, rather than nationally. Following up on Governor Wolf’s announcement in January that Pennsylvania needed to “modernize” its outdated wage and hour...more
Spoiler alert! Yesterday, the U.S. District Court for the Eastern District of Pennsylvania handed Uber what the Court described as Uber’s first win on its independent contractor classification for one class of its drivers:...more
The U.S. Department of Labor (“DOL”) has been trumpeting its “new” focus—with the incoming Trump administration—on “educating” employers to improve compliance. The latest effort by the DOL involves newly created, short...more
No one questions the incredibly complex and nuanced web of wage and hour regulations that the U.S. Department of Labor (“DOL”) has laid down over the last 80 or so years as guidance under the Fair Labor Standards Act...more
Proclaiming it an effort to strengthen the middle class in Pennsylvania, Governor Tom Wolf announced this week a proposal to modernize the Commonwealth’s outdated overtime rules to increase pay for nearly a half million...more
Well, I was wrong. In my last post, I said that it looked like the “quickie election” rules were up next for the National Labor Relations Board to address. Clearly, those rules are still on the radar, as public input is in...more
After swearing in the new general counsel, Peter Robb, last month, and given the full complement of members, the National Labor Relations Board has kick-started its efforts to right the wrongs of the Obama Board and make life...more
“This” isn’t just about Harvey Weinstein, Roy Jones, Kevin Spacey, Al Franken, Matt Lauer, or others in the news. “This” isn’t just about politicians, Hollywood, and the media.
“This” is a real problem in workplaces across...more
Action Item: On May 4, 2017, New York City Mayor Bill DiBlasio signed Int. No. 1253-A, a bill making it unlawful as part of the hiring process for an employer to ask about or rely on a prospective employee’s prior salary...more
Action Item: The City of Philadelphia has agreed to a court order postponing the effective date of a law that would prohibit employers from inquiring into a job candidate’s salary or benefit history during the application...more
Action Item: In a landmark decision yesterday, the United States Court of Appeals for the Seventh Circuit became the first federal circuit court in the nation to hold that discrimination based on sexual orientation is...more
Action Item: In a recent decision from the Ninth Circuit, which may have broad implications across the country, the Court held that an employer’s inclusion of a liability waiver as part of the Fair Credit Reporting...more
Action Item: Yesterday, Judge Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide preliminary injunction blocking the Department of Labor’s (“DOL”) new regulation governing the...more
Action Item: As December quickly approaches, do not forget that the U.S. Department of Labor’s (“DOL”) revisions to the “White Collar Exemption” regulations under the Fair Labor Standards Act (“FLSA”) are set to take effect...more
As we reported in May 2016, OSHA recently published a rule that phases in new requirements for employers. Certain portions of the rule that protect employees against retaliation for reporting injuries and illnesses are giving...more
Action Item: In case you’ve been hibernating for the last year or so, get ready: the U.S. Department of Labor (“DOL”) is poised to publish its long-awaited final revisions to the “White Collar Exemption” regulations under the...more
Action Item: On March 14, 2016, the U.S. Department of Labor (“DOL”) took the final step in its long process to put in place the final new regulations governing the Fair Labor Standards Act’s “white collar exemptions.” DOL...more
Action Item: On January 20, 2016, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued guidance regarding the determination of joint employer status under both the Fair Labor Standards Act (“FLSA”) and...more