New Mandatory EEOC Poster Released

Randi Klein Hyatt
Randi Klein Hyatt
11/22/2022
The Equal Employment Opportunity Commission (EEOC) released a new "Know Your Rights" poster (dated October 20, 2022) that replaces its prior "EEO is the Law" poster.  Any employer with at least 15 employees are required to display this poster in the workplace. The new poster is two pages, with the first applying to all covered employers and the second detailing requirements for federal contractors and businesses receiving federal financial...
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DOL Unveils Revamped Independent Contractor Test

The United States Department of Labor has issued a proposed rule that will significantly impact worker classification under the Fair Labor Standards Act (FLSA).  The proposal, released Tuesday, October 11, 2022, is a departure from the standard adopted during the Trump administration. The FLSA generally requires covered employers to pay nonexempt employees at least the federal minimum wage for all hours worked and at least one and one-half times an...
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EEOC's LGBT Bathroom/Dress Code/Locker Room Guidance Gets Nixed By Another Federal Court Judge

Randi Klein Hyatt
Randi Klein Hyatt
10/05/2022
A Texas federal court judge just ruled that the Equal Employment Opportunity Commission's (EEOC) June 2021 Guidance that permits exceptions for LGBT employees from certain policies on bathrooms, dress codes and locker rooms was unlawful.   In Texas v. EEOC, et al., 2:21-CV-194-Z (N.D. Tex. Oct. 1, 2022), District Court Judge Matthew Kacsmaryk, a Trump appointee, found that the EEOC's Guidance had improperly interpreted the scope of the Supreme...
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An EEOC Reminder: Discrimination by Third Parties is also Illegal

Darrell VanDeusen
Darrell VanDeusen
09/28/2022
  Let’s start today’s blog with a  brief visit to Employment Discrimination Law 101.  An employer cannot discriminate on the basis of race, sex, color, etc., etc., etc.  Discrimination includes harassment – name calling, epithets, and such stuff – that creates a hostile work environment.   And (yes, I know you know this) an employer is responsible for the actions of all of its employees, not just its supervisors or managers (e.g.,...
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Federal Judge Halts EEOC Guidance on Protections for LGBTQ Employees

Vincent Jackson
Vincent Jackson
07/22/2022
A federal judge in Tennessee took the rare step of issuing a preliminary injunction to block the Equal Employment Opportunity Commission from issuing guidance regarding employment discrimination based upon sexual orientation or gender identity.  The case stems from the EEOC’s attempt to implement the Supreme Court’s landmark 2020 ruling in Bostock v. Clayton County, which held that Title VII’s ban on sex discrimination applied to...
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EEOC Issues New Guidance On ADA-Compliant Use of AI For Employment Decision-Making

Bernadette Hunton
Bernadette Hunton
05/13/2022
For the first time, the EEOC has issued guidance on how to comply with the Americans with Disabilities Act (ADA) when using artificial intelligence (AI) for employment decision-making. Overall, the Q&A document reiterates familiar principles of ADA law: (1) provide reasonable accommodations for an applicant/employee with a disability; (2) don’t use testing tools that intentionally or unintentionally screen out disabled individuals; and (3)...
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More (Possible) Labor Pains

Darrell VanDeusen
Darrell VanDeusen
04/13/2022
Earlier this week I wrote about some developments in labor law.  I thought my second blog would be about something completely different.  But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...
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More That’s New in Labor Law

Darrell VanDeusen
Darrell VanDeusen
04/11/2022
It has been a big last few weeks in labor law circles.  First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago.  President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech.   The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...
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NLRB General Counsel Targets "Captive Audience" Meetings

Eric Paltell
Eric Paltell
04/08/2022
In an April 7, 2022 Memorandum to Regional Directors, NLRB General Counsel Jennifer Abruzzo announced that she will be asking the NLRB to outlaw so-called "captive audience" meetings.  Captive audience meetings refer to meetings between employers and employees during an employee's paid work time where the employee is required to listen to the employer (or its representative) explain the company's position on unions.  Such meetings have long been...
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EEOC Releases 2021 Performance Statistics

Vincent Jackson
Vincent Jackson
03/31/2022
The EEOC has released its performance statistics for Fiscal Year 2021.  Surprisingly, the Commission  collected “merely” $485 million in 2021, down $50 million from FY 2020’s record-setting $535.4 million haul. The bulk of 2021’s collections came from administrative settlements with private-sector and state and local governments, with a total of $350.7 million.  An additional $34 million was collected from court settlements and...
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