Practical HR Tips, News & Advice. Updated Daily.
A common question from employers is whether they can use a “comp-time” system instead of making monetary overtime payments. The answer (unless you are a public-sector employer) is almost always “no.” A company in Asheville found that out the hard way when it was investigated by the U.S. Department of Labor (DOL) for alleged failure […]
An employer can’t be held liable for back pay for a state law retaliation claim during a period when the former employee lacked lawful immigration status to work in the United States, the 6th Circuit (which covers Kentucky and Tennessee employers) recently ruled. The appellate court affirmed, however, the employer could be found liable for […]
Princeton University recently agreed to pay nearly $1 million in cumulative back wages to 106 female professors whom the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) found to be victims of gender-based pay discrimination.
It’s 2020, folks—a year that will always be associated with the COVID-19 pandemic. But for some, the year also represents a time of missed opportunity given the racial divide that’s still present in our country.
Advocacy group AARP recently declared in a headline in its AARP Bulletin, “It’s time to end the last acceptable bias,” referring to age discrimination in the workplace.
Sticks and stones may break some bones, but harassment can hurt forever.” So begins the appellate opinion of Judge O. Rogeriee Thompson in Franchina v. City of Providence. In elegant though shocking prose, the judge recounts the trial court’s disturbing findings regarding the harassing conduct the employee in this case was subjected to during her […]
by Emily L. Bristol At a recent meeting of the labor and employment law section of the American Bar Association (ABA), Patricia Shiu, director of the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), discussed the agency’s focus on pay disparity and highlighted that during the Obama administration, the OFCCP has […]
Today, the U.S. Supreme Court agreed to review what has been called the largest employment class action in U.S. history — Wal-Mart Stores v. Dukes. The class of plaintiffs is estimated to include approximately 1.5 million former and current female Wal-Mart employees seeking monetary relief that could amount to billions of dollars in back pay. […]
Yesterday, the National Labor Relations Board (NLRB) released two decisions dealing with remedial policies. The first decision addressed compounding interest on back pay, and the second dealt with electronically notifying employees and union members about NLRB orders in unfair labor practice cases. In Kentucky River Medical Center, 356 NLRB No. 8, the NLRB unanimously adopted […]
Governor Doyle recently signed Senate Bill 20, which drastically changes discrimination claims under Wisconsin law. Previously, discrimination claims based under Wisconsin law were processed by the Equal Rights Division of the Department of Workforce Development (ERD). The only remedies available were back pay, attorneys’ fees, and reinstatement (or front pay in some instances). Under the […]