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Employment Law

Comment about pregnancy? Nope, just shut up!

03/14/2018

Remind supervisors to never mention pregnancy in conjunction with hiring or assignments.

When workers and supervisors clash, ask: Is it discrimination or personality conflict?

03/14/2018
Sometimes, a supervisor and subordinate just don’t get along. While the subordinate may think the reason has something to do with a protected characteristic, that may not be the case. When you receive such a complaint, you obviously must investigate.

Watch out! Employee can win punitive damages even if he suffered no loss

03/14/2018

An employee can collect punitive damages even if a jury finds that no other damages are due.

Tell trainers: You have an obligation to report harassment or discrimination you witness

03/14/2018

Employers that have actual knowledge that a hostile work environment exists can’t get off the hook by claiming a worker failed to use an established system for reporting harassment.

Employers look at pay parity in response to #MeToo outcry

03/13/2018

The #MeToo and #TimesUp movements have done more than shine a light on sexual harassment in the workplace. They’ve also prompted employers to take a fresh look at gender-based pay disparities.

Ignorance is no excuse for wage violations

03/13/2018

Pleading ignorance is no defense if you are sued for violating the Fair Labor Standards Act. In fact, not bothering to learn the intricacies of wage-and-hour law may cost you even more than out-and-out cheating your employees does.

Legislation would ban mandatory arbitration of #MeToo claims

03/13/2018

U.S. Sen. Kirsten Gillibrand (D–N.Y.) has introduced legislation that would bar employers from including sexual harassment or gender discrimination claims in mandatory arbitration agreements. Identical legislation has been introduced in the House of Representatives.

Court gives new protection to transgender workers

03/13/2018
A panel of the 6th Circuit Court of Appeals has ruled for the first time that discrimination on the basis of transgender and transitioning status violates Title VII of the Civil Rights Act.

EEOC charges continue seven-year decline

03/13/2018

The EEOC handled 89,385 charges of workplace discrimination in fiscal year 2017, an 8% decline compared to the year before.

Pennsylvania prepares on its own to address overtime salary test

03/13/2018
The issue: Was an employee improperly classified as exempt instead of nonexempt? At stake: The possibility of being awarded back overtime pay for hours worked in excess of 40 per week.