Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? According to the U.S. District Court for the Southern District of Ohio, it depends on the circumstances. The Southern District recently held that an employee’s FMLA interference claim can go to trial after there was a dispute as to whether his broken toe constituted a serious health condition and whether he provided sufficient notice to the employer of his need for FMLA leave.
Continue Reading A broken toe and voicemails may be sufficient for FMLA interference claim
EEOC releases fiscal year 2020 charge and litigation data: Retaliation claims continue to dominate
The Equal Employment Opportunity Commission (EEOC) recently released its fiscal year 2020 statistics of charges filed and resolved on behalf of charging parties. There were 67,448 charges filed in fiscal year 2020, a reduction from the previous year and the lowest number of charges filed since at least 1992. While part of this drop may be explained by the COVID-19 pandemic, there has also been a decrease in charges filed each year since 2016.
Continue Reading EEOC releases fiscal year 2020 charge and litigation data: Retaliation claims continue to dominate
Sexual orientation and transgender status protected under Title VII sex discrimination prohibition
In a landmark decision issued today, the U.S. Supreme Court held in a 6-3 opinion that the sex discrimination prohibitions of Title VII of the Civil Rights Act of 1964 include discrimination based on sexual orientation or transgender status. The opinion was authored by Justice Gorsuch, and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan.
Continue Reading Sexual orientation and transgender status protected under Title VII sex discrimination prohibition
New Pittsburgh Paid Sick Days Act set to take effect in middle of coronavirus outbreak
Pittsburgh’s Paid Sick Days Act (PSDA) goes into effect on March 15, 2020, just as the number of coronavirus/COVID-19 infections has begun to increase in the U.S. The new law mandates a number of requirements for employers operating in the city of Pittsburgh, Pennsylvania. The following are some of the highlights of the law about which employers should be aware:
Continue Reading New Pittsburgh Paid Sick Days Act set to take effect in middle of coronavirus outbreak
DOL issues final rule clarifying the regular rate of pay
The U.S. Department of Labor (DOL) is making significant changes to the regulations covering the regular rate of pay under the Fair Labor Standards Act (FLSA) for the first time in more than 50 years. The FLSA entitles most covered, nonexempt employees to receive overtime pay of at least one and one-half times the employee’s
Multi-state employers: Be prepared for January 1 minimum wage increases
While many employers are gearing up for the holidays, many employees across the U.S. will see an increase in minimum wage. On Jan. 1, 2020, the minimum wage will increase in numerous states and cities throughout the country that have adopted their own minimum wage laws, which provide for a higher rate than the federal
DOL increases salary threshold for white collar exemptions to $35,568
After more than 15 years, the U.S. Department of Labor (DOL) is updating the overtime regulations under the Fair Labor Standards Act (FLSA). The FLSA entitles most employees to minimum wage and overtime pay for all hours worked over 40 in a workweek. However, employees who meet the salary threshold and the relevant duties test
EEO-1 reporting: Pay data filing begins July 15, 2019
The Equal Employment Opportunity Commission (EEOC) has announced the filing window for the newly required Component 2 pay data opens July 15, 2019. Private employers with at least 100 employees are required to submit pay data for calendar years 2017 and 2018 by Sept. 30, 2019. This new requirement is ordered by the court decision in the National Women’s Law Center v. Office of Management and Budget case.
The EEOC has taken a number of steps to assist employers with this new filing requirement.
Continue Reading EEO-1 reporting: Pay data filing begins July 15, 2019
Kentucky’s new pregnancy accommodation law goes into effect
Kentucky recently enacted the Pregnant Workers Act, which amends the Kentucky Civil Rights Act to provide accommodations to pregnant and lactating employees. The law goes into effect on June 27, 2019. Below are the important implications of the Pregnant Workers Act, which will affect employers that operate or maintain business locations in Kentucky.
Who
Multi-state employers: Be prepared for July 1 minimum wage increases
On July 1, 2019, the minimum wage will increase in several locations throughout the country. While the federal minimum wage has remained $7.25 per hour since July 2009, many states, cities and counties have adopted their own minimum wage laws which provide for a higher rate. In areas where minimum wage laws overlap, employees are