Tag: Employment law

Firing Drummer Was a Protected Act of Free Expression

We are often asked whether being an “at-will” employer means a company can terminate somebody for a discriminatory reason—for example, because she is a woman or a person of color. The answer is no. The at-will-employment doctrine does not protect employers from the consequences of discriminatory job actions. But the 2nd District Court of Appeal […]

U.S. Women’s Soccer Team Proceeds with Equal Pay Fight

On March 8, 2019, all 28 players on the women’s national team initiated a proposed class and collective action in federal court against the U.S. Soccer Federation. Their action alleged discrimination based on sex in violation of the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964, as amended (Title […]

H-1B Season Is Upon Us

It’s that time of year again when employers that want to hire recent college graduates and other professionals prepare to file H-1B visa petitions. Because U.S. Citizenship and Immigration Services (USCIS) will accept petitions up to six months before the employee’s start date, and the first possible start date is the first day of the […]

FLSA

Proposed OT Rule Calls for Fresh Look at Worker Classification

Now that the U.S. Department of Labor (DOL) has proposed a new rule affecting overtime eligibility—a rule that is more likely to be implemented than the department’s previous attempt—it’s time for employers to begin studying how they classify their employees so they’ll know whether pay raises or classification changes will be in order when a […]

[Expletive] My Coach Says

For all their recent excellence and success, the NBA’s Golden State Warriors have developed something of a tedious routine.  They seem to pull punches during the regular season, occasionally lose games that leave everyone scratching their heads, and go through stretches of apparently disinterested and uninspired basketball.  Come play-off time, though, the engine revs and […]

Why You Should Establish a Bereavement Leave Policy

In the past few months, I’ve spent every week, if not every day, updating or creating employee handbooks for businesses of all sizes. During that time, I’ve often found myself answering questions about bereavement leave. Most often, employers ask whether their state requires them to offer paid bereavement leave. When I answer their questions, I […]

resume

The Impact of Ban-the-Box and Salary History Prohibitions on Employers

Class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) are not the only compliance concern for employers performing background checks in an increasingly complex legal environment. In addition, employers are impacted by state and local requirements, including “ban the box” laws and salary history prohibitions. This article is a brief introduction to these […]

New Ruling Restores EEO-1 Pay Data Requirements

Employers are faced with the prospect of having to put in considerably more work on EEO-1 reports this year, now that a federal judge has ruled the Office of Management and Budget (OMB) was wrong to stop implementation of a pay data requirement proposed during the Obama administration.