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Employment Law

Discipline ASAP if boss targets older workers

07/12/2017
It happens all too often: A bully boss yells, berates, pushes and prods older employees more than other staff members. The 9th Circuit Court of Appeals has concluded that resigning under such circumstances is a reasonable response and amounts to a constructive discharge.

Administration begins new OT rules process

07/11/2017
A “request for information” issued June 27 by the U.S. Department of Labor marks the first step in what could be many more months of wrangling over how much white-collar workers must earn before they’re no longer eligible for overtime pay.

Cost of misguided English-only rule: $50,000

07/06/2017
Most “English-only” policies violate Title VII of the Civil Rights Act. They are not strictly unlawful, but courts and the EEOC have regularly ruled that employers must be able to demonstrate a legitimate business reason for having such a policy.

Labor Dept. to resume issuing opinion letters

07/06/2017
Secretary of Labor Alex Acosta is making good on a promise he made during confirmation hearings earlier this year: The U.S. Department of Labor is bringing back opinion letters explaining how it interprets the laws it enforces, most notably the Fair Labor Standards Act.

DOL on overtime rule: We could defend but don’t really want to

07/03/2017
The Department of Labor has made what may be its last move in the abortive rulemaking process that would have raised the white-collar overtime salary threshold.

Dhillon in, Lipnic out as EEOC chair

07/03/2017
In a move that surprised EEOC staffers and employment law attorneys alike, President Trump on June 28 nominated corporate lawyer Janet L. Dhillon to chair the EEOC.

EEOC initiative targets age discrimination

07/03/2017
This year marks the 50th anniversary of the Age Discrimination in Employment Act and the EEOC, which administers the law, is going all out with a series of public events and stepped-up enforcement.

Attendance rules may interfere with California Labor Code

07/03/2017
Many employers’ attendance policies assign an “occurrence” for unscheduled, unapproved absences. It is important to carefully craft such policies to avoid running afoul of antidiscrimination and anti-retaliation provisions found in state and local paid sick leave laws.

Overtime suit filed by Puff Daddy’s former chef

07/03/2017
The former personal chef to rap star Sean Combs alleges that she was not paid overtime she was entitled to receive.

Equitable treatment proves discipline wasn’t biased

07/03/2017
Employers that treat all employees the same when disciplining them tend to win when employees claim discrimination.