As most parties who have been before the EEOC know, it can often take many months, if not years, for the agency to complete its investigation of a charge of discrimination. However, there are times where the EEOC moves very quickly to dismiss a charge. That is exactly what happened earlier this year in a […]
Noncompliant Employers Now Subject to Penalties Under D.C.’s Commuter Benefits Law
Employers covered by Washington, D.C.’s commuter benefits law now may face penalties unless they provide at least one transportation benefit program to covered employees. The law, which was passed in 2014, went through additional rulemaking procedures with a final rule being published on August 16, 2019. The rule became effective 90 days later on November […]
Employer’s Vague Reason for Discharge Leads to Jury Trial
A federal court in Wisconsin is allowing a discrimination case to go to trial because, among other things, the reasons given for performance problems were too “vague.” As such, a jury could find the “vague” stated reasons to be pretextual, namely, a false reason to cover up illegal discrimination. EEOC v. Board of Regents of […]
DOL Rolls Out New and Proposed Rules Regarding FLSA Pay Requirements
The U.S. Department of Labor (DOL) recently took two actions implicating and potentially implicating, respectively, how employees are paid under the federal Fair Labor Standards Act (FLSA). A New Rule First, on September 27, the DOL issued a final rule on implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, […]
EEOC Takes Position on Racially or Sexually Charged Language in NLRB Filing
As a follow up to my earlier blog on how rude an employee can be to his or her employer while engaging in activity protected by the National Labor Relations Act (“NLRA”), the EEOC has filed an Amicus Brief in a matter before the NLRB chiming in on the subject. The NLRB had invited interested […]
Temporary GI Issues Not a Disability Under California Law
Is an employee’s temporary gastrointestinal distress as a result of his failure to take prescribed medication properly a covered disability? Not under California’s Fair Employment and Housing Act (FEHA), according to a recent decision out of California State court. Smith v. Space Exploration Technologies Corp., No. B289189 (Cal. App. 2d 11/1/19). Smith worked for Space […]
Eleventh Circuit Finds Employer’s “Not a Team Player” Comment Not Proof of Retaliation
A recent decision out of the Eleventh Circuit demonstrates how easily an employer’s purportedly negative comment made closely in time to an employee’s legally protected activity can form the basis of an allegation that the employer unlawfully retaliated. Jacomb v. BBVA Compass Bank, No. 18-11536 (11th Cir. 11/4/19) (unpublished). Jacomb was hired as a Senior […]
Federal Appeals Court: Cancer and FMLA Leave No Excuse for Being a Bad Supervisor
The Sixth Circuit, headquartered in Cincinnati, has affirmed a decision that the termination of an employee with cancer following his return from FMLA leave was not a pretext for discrimination. Williams v. Graphic Packaging International, Inc. The employee in question, an upper level supervisor, was apparently mismanaging and intimidating his employees, which only came to […]
Courts of Appeal Shed Light on “Regarded as Disabled” Claims
“Being regarded as having” a disability is covered by the ADA. “Being regarded as will be having” a disability is awkward to say — and not covered by the ADA. This is the conclusion at which the Seventh Circuit recently arrived in Shell v. Burlington Northern Santa Fe Railway Co., No. 19-1030 (7th Cir. 10/29/19). […]
Employers: Don’t Be Part of the Department of Labor’s Statistics
The Department of Labor is reporting that it collected $322 million in back wages for workers in fiscal year 2019, which is a record. The amount collected in fiscal year 2018 was also a record at that time. This should put to rest any concerns about DOL enforcement policies under a Republican administration. Most of […]
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