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Employment Law

Snapshot: The closer the comparison, the smaller the pay gap

06/04/2019
Nationwide, women earn about 18% less than men. But pay differentials shrink dramatically the more women have in common with male counterparts.

Employers must advise courts of EEOC complaints

06/04/2019
A unanimous Supreme Court ruled June 3 that employers that are sued for employment discrimination under Title VII must tell the court early on whether the employee who is suing has also filed an EEOC complaint. If they don’t raise the issue then, they lose the right to do so.

Settlement: Dads have paid leave rights, too

06/04/2019
Banking giant JPMorgan Chase must pay $5 million to settle claims it discriminated against men who wanted to take time off after their children were born, but were granted less generous leave benefits than new moms received.

Good faith wins, even if you might have been wrong

05/31/2019
Courts almost never second-guess employers’ decisions—even dubious ones—as long as they are confident the decisions were made in good faith.

Beware ‘back-door’ bias claims under Section 1981

05/31/2019
A growing number of employees are taking a back-door approach to filing racial bias suits, one with the potential for a bigger windfall.

Suspend attendance amnesty during FMLA

05/31/2019
Many employers let employees “work off” points they rack up for absenteeism and tardiness. A new federal court ruling says employers may stop the clock from ticking while an employee is out on FMLA leave.

Court: Sexual orientation bias isn’t sex bias

05/31/2019
In a case with an unusual twist, a federal appeals court has ruled that Title VII’s prohibition against sex discrimination doesn’t extend to discrimination based on sexual orientation.

100%-healed policy = $950,000 settlement

05/31/2019
Do you have a policy requiring injured workers to be 100% healed before they can return to work? Do you automatically terminate workers who try to come back with medical restrictions or who say they need more time off? Then get ready to write a big check.

Administration’s employment law agenda priorities revealed

05/29/2019
The Trump administration’s Spring Regulatory Agenda—essentially the government’s policy to-do list—lays out an array of goals affecting employment law.

Using staffing firm won’t let you off the hook

05/23/2019
Some employers believe buying labor through a staffing or temp agency can insulate them from legal liability. They’re wrong! In fact, both the staffing company and its client may get caught up in litigation over alleged discrimination.