In Egan v. Delaware River Port Authority, the Third Circuit court stated that any time an employee’s use of FMLA leave is given any “negative weight” when taking an adverse employment action against an employee, it is considered to be retaliation. There, the plaintiff was granted intermittent FMLA leave for migraines. Though the employer approved the time off, the plaintiff believed that management was unhappy with him taking time off. When his position was later eliminated, the employee sued, alleging that that his employer had a “mixed-motive” for his termination, and that he was retaliated at least in part for taking FMLA leave.
New York: Southern District of NY Allows Sexual Orientation Discrimination Claim to Proceed Under Title VII
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with NY Employees
EFFECTIVE
May 3, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On May 3, 2017, a federal court in the southern district of New York denied a motion to dismiss an ex-employee’s sexual orientation discrimination and retaliation claim under Title VII of the Civil Rights Act of 1964. This decision is unusual in that it runs counter to long-running precedent established in the Second Circuit—governing Connecticut, New York, and Vermont—which previously stated that sex discrimination, including gender stereotyping, under Title VII does not include sexual orientation discrimination.
Puerto Rico: Right to Religious Freedom Accommodations
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with PR Employees
EFFECTIVE
May 25, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Though the Labor Transformation and Flexibility Act (the “Act”) makes numerous changes to Puerto Rico employment laws, of note is the fact the Act provides employees a new, statutory right to request accommodations for the purpose of participating in religious activities. Effective May 25, 2017, employers will be required to reasonably accommodate an employee’s religious practice.
Read more
West Virginia: Medical Marijuana is Here, but so is Greater Drug Testing Flexibility
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with WV Employees
EFFECTIVE
July 1 and 7, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
June Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
California Required Harassment Prevention Brochure Updated; New Guidance Issued
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with CA Employees
EFFECTIVE
May 2, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On May 2, 2017, the California Department of Fair Employment and Housing (“DFEH”) announced updated information related to workplace harassment.
Read more
Ninth Circuit: Prior Salary History may be used to Justify Wage Differentials Between Men and Women
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with AK, AZ, CA, GU, HI,
ID, MT, NV, OR and WA Employees
EFFECTIVE
April 27, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Last week, the Ninth Circuit ruled on Rizo v. Yovino, a wage inequality claim brought under the federal Equal Pay Act. In reviewing this case, the Ninth Circuit affirmed a previous case, Kouba v. Allstate Insurance Co., and confirmed that prior salary history may be considered a “factor other than sex” for the purpose of justifying a wage differential.
Read more
Seventh Circuit is the First Federal Court of Appeals to Recognize Sexual Orientation as a Federally Protected Class
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with IL, IN, and WI Employees
EFFECTIVE
April 4, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Hively v. Ivy Tech Community College, hearing the case en banc, the Seventh Circuit became the first federal court of appeals to determine that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The court stated that “it is impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”
This landmark decision effectively prohibits discrimination and retaliation against applicants and employees on the basis of sexual orientation under federal law.
Read more
Second Circuit: “Black Car” Drivers are Independent Contractors Under the FLSA
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with CT, NY and VT Employees
EFFECTIVE
April 21, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
A recent Second Circuit case confirmed that New York City “black car” drivers—workers who provide high-end transportation services, e.g., limousines—are independent contractors under the Fair Labor Standards Act (“FLSA”).
Read more
Third Circuit: FMLA Leave Cannot be Any Basis for Adverse Action against Employees
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with DE, NJ and PA Employees
EFFECTIVE
November 14, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Egan v. Delaware River Port Authority, the Third Circuit court stated that any time an employee’s use of FMLA leave is given any “negative weight” when taking an adverse employment action against an employee, it is considered to be retaliation. There, the plaintiff was granted intermittent FMLA leave for migraines. Though the employer approved the time off, the plaintiff believed that management was unhappy with him taking time off. When his position was later eliminated, the employee sued, alleging that that his employer had a “mixed-motive” for his termination, and that he was retaliated at least in part for taking FMLA leave.
Read more
Ninth Circuit: Wage Rates Used for Overtime Hours Cannot Be Lower Than Those Used for Non-Overtime Hours
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with AK, AZ, CA, GU, HI, ID, MT, NV, OR and WA Employees
EFFECTIVE
March 21, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Brunozzi v. Cable Communications, Inc., the Ninth Circuit stated that wage rates cannot be decreased in weeks when overtime is worked, as compared to weeks when no overtime is worked. There, two cable technicians were paid a piece rate per cable system installed, plus a contractually-based production bonus each pay period as part of their regular wages. When the employer calculated overtime, it reduced the production bonus by the amount of overtime paid for piece rate work, which meant that employees received lower wage rates than when they did not work overtime.
Read more