Since June 2010, contractors and subcontractors with contracts that result from federal agency solicitations issued on or after June 21, 2010, have been required to display the Department of Labor (DOL) poster notifying employees of their rights under the National Labor Relations Act (NLRA). On May 16, 2019, the DOL made the following updates to
Supreme Court holds ‘raise it or waive it’ when an employee fails to exhaust administrative remedies
In a unanimous decision, the U.S. Supreme Court held that an employee’s failure to exhaust administrative remedies is not a jurisdictional prerequisite to filing a lawsuit, rather it is a procedural requirement that could be waived by the employer’s failure to timely raise the issue.
In Fort Bend County, Texas v. Davis, — S.Ct.
EEO-1 pay data update: Employers must report 2017 and 2018 information
As we explained last week, a federal judge recently ruled that all employers who are required to submit EEO-1 surveys must report 2018 employee pay data by Sept. 30, 2019. In that ruling, the court also ordered the EEOC to collect a second year of pay data and gave the agency a choice between collecting
EEO-1 reporting employers must report pay data to EEOC by Sept. 30, 2019
A federal judge reportedly ruled April 25 that all employers who are required to submit EEO-1 surveys on employee demographic data must report employee pay data by Sept. 30, 2019. This includes employers with at least 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the
DOL proposes a simpler solution to the joint employer test
On April 1, 2019, the U.S. Department of Labor (DOL) offered a simplified test in a Notice of Proposed Rulemaking to determine whether two entities should be considered joint employers under the Fair Labor Standards Act (FLSA). The FLSA provides that two entities can be jointly and severally responsible for an employee’s wages, and thus
DOL discloses proposed overtime rule and new FLSA exemption threshold
The Department of Labor (DOL) issued its long-awaited proposed overtime rule and new exemption threshold under the Fair Labor Standards Act (FLSA) on March 7, 2019. The regulation, which replaces the controversial rule issued under the Obama administration in 2016, raises the salary threshold from the $23,660 minimum established in 2004 to $35,308, or $679
Missouri Supreme Court holds LGBTQ employees are protected from sex-based stereotyping
The Missouri Supreme Court held on Feb. 26, 2019, that under the Missouri Human Rights Act (MHRA), sex-based stereotypical attitudes can form the basis of a sex discrimination claim when the complaining party is homosexual. While finding sexual orientation is not protected under the MHRA, and standing alone, the characteristic of being lesbian, gay, or
A new rule of thumb for BIPA litigation: Actual harm not necessary to sustain claims
Companies encouraged to revisit privacy policies in light of projected increase in litigation
The Illinois Supreme Court in January 2019 held that plaintiffs bringing claims under the Illinois Biometric Information Privacy Act (BIPA) are not required to allege that they suffered any actual harm as the result of a violation of the act. Instead, it’s
Keep your sick leave policies healthy during flu season
For employers, flu season is a great time for a checkup – not with your doctor, but with your policies and procedures related to employee sick leave. Below are some common questions employers may have about how to handle employee sick leave during this flu season.
What are the benefits and risks of letting employees
NLRB reinstates age-old independent-contractor standard
The National Labor Relations Board (NLRB) on Jan. 25, 2019, overturned its 2014 ruling in FedEx Home Delivery and returned to its long-standing independent-contractor standard. In affirming its reliance on the traditional common-law employment classification test, the board clarified how entrepreneurial opportunity factors into its determination of independent-contractor status.
In FedEx, the board held