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National origin discrimination and race discrimination aren’t the same thing

by Kevin McCormick In a recent decision, the U.S. District Court for the District of Maryland affirmed the notion that discrimination on the basis of race and discrimination based on national origin are distinct legal claims. Moreover, because 42 USC § 1981 only prohibits discrimination based on race, a claim alleging national origin discrimination under […]

NYPD’s Blue: 4,000 Police Sergeants Are Owed Back Pay to 2001

Four thousand New York City Police Department (NYPD) sergeants are not exempt executives under the Fair Labor Standards Act (FLSA) because their primary duty is law enforcement, not management, a federal court has found. As a result, the court found the city liable to the sergeants for back overtime pay going back to 2001. The […]

DATA

How GDPR Is Creating Challenges for Employers

Earlier this year, the European Union’s General Data Protection Regulation (GDPR) went into effect. If you are a U.S.-based company, you may be tempted to say, “So what?” But the GDPR’s reach is personal as opposed to geographic. In other words, the GDPR provides protections to individuals, specifically E.U. citizens, no matter where they are […]

productivity

#TimesUp: What this Movement Means for Employers

The #MeToo movement and the continuation of it, #TimesUp, have profound implications for employers. These movements are seeking to address the long-standing inequalities in the workplace (among other things), specifically as it pertains to sexual harassment and gender-based wage inequality and other gender-related discriminatory practices.

Recruitment

The One Benefit That Could Save You Millions When High-Volume Recruiting

As we emerge from the pandemic and businesses begin ramping up operations to meet demand, there will be a renewed focus on hiring. The competition for quality talent will increase, and companies will be looking for recruiting advantages that are effective and cost-efficient. For companies involved in high-volume recruiting, the need for smart, economical solutions […]

Don’t Assume Your HR Peers Are OK

This has been a tumultuous time for the entire world, let alone businesses around the country. A pandemic has forced offices to adapt the way they work. Debate surrounding vaccines and politics has created hostile environments for employees in every state. War has disrupted supply chains, creating shortages and driving up prices. We’re on the […]

retirement

DOL Delays Fiduciary Rule Implementation; Reduces Transition Compliance

The Department of Labor (DOL) on April 4 released details of a 60-day delay in implementation of its new fiduciary rule and Best Interest Contract Exemption (BICE). The rule formalizing the extension, was published in the Federal Register on April 7, also delivered changes that significantly reduce compliance burdens during a transition period until January […]

Diversity

EEO Trumps Google Employee’s Free Expression

In early August, Google seized national headlines by firing software engineer James Damore for publishing an internal memo in which he argued that women are inherently worse at technology jobs than men for “biological” reasons. In addition to the important societal issues Google’s action implicates, it raises interesting labor and employment law questions about how […]