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Showing 69 posts from 2014.
OSHA & MSHA Budget Proposals for Fiscal Year 2015
As an employment and labor law attorney, I am constantly emphasizing the importance of complying with regulations regarding employee health and safety. Training, up-to-date policies and procedures, and an environment focused on safety are the best ways to ward off costly fines and potential employee lawsuits. More >
Mind Regulations When It Is Time To Mine
The Department of Labor recently issued a reminder to employers involved in the mining industry. As spring (slowly) approaches, surface mines will reopen. As miners head back to the job site and prepare equipment for the new season, potential for injury is high. More >
More Workers Eligible for Overtime in the Future, Cont.
Recently, President Obama signed an order which directed the Department of Labor to reexamine how employees are paid for working more than 40 hours per week. According to the President, "[o]vertime is a pretty simple idea. If you have to work more, you should get paid more.” More >
More Workers Eligible for Overtime in the Future
On March 13, President Obama signed an order authorizing the Labor Department to examine ways to expand the number of workers eligible for overtime pay. According to the President, businesses are classifying too many employees as “professional” or “executive,” thereby excluding them from overtime pay. The President stated that “[m]illions of Americans aren’t getting the extra pay they deserve.” The order is part of the Administration’s effort to address the nation’s income gap; the President is also urging Congress to raise the federal minimum wage from $7.25 per hour to $10.10. More >
The ADA & Web Accessibility
On March 6, the U.S. Department of Justice announced that a consent decree with H&R Block had been entered requiring the company to establish accessibility of its websites and mobile apps under the Americans with Disabilities Act. The decree resolves the department’s allegations that individuals with disabilities are denied full and equal enjoyment of the company’s tax-preparation focused goods and services provided online. More >
“Sex-Plus” Discrimination Equals Possible Liability, Part II
On Monday, we discussed the Shazor v. Prof’l Transit Mgmt., Ltd. case. The Sixth Circuit held that an African American woman had triable race and sex discrimination claims under Title VII even though she was replaced with a Hispanic female. In other words, in a “sex-plus” case such as Shazor’s, an employer is not permitted to undermine a black female’s prima facie case by showing that “white women and African American men received the same treatment” as the plaintiff. More >
“Sex-Plus” Discrimination Equals Possible Liability
The Sixth Circuit recently addressed whether a “sex-plus” claim of discrimination can be made under Title VII of the 1964 Civil Rights Act. "Sex plus" refers to policies or practices by which an employer classifies employees on the basis of sex plus another characteristic, such as race or age. The case, Shazor v. Prof’l Transit Mgmt., Ltd., 2014 BL 42520, 6th Cir., No. 13-3253, 2/19/14, reinforces the concept that employers must consider employees’ protected traits as an “intersectional” whole, rather than separate, individual aspects. More >
Digital “Off-the-Record” Conversations?
Employers and business professionals are no strangers to “off-the-record” conversations and closed-door meetings. In today’s world, though, many long for a way to converse online without a permanent record of the conversation existing somewhere out there in Internet-land. New apps have responded to this need; think Snapchat (the popular app that allows users to set a predetermined time for how long recipients can view their photos) for text messaging. TigerText, Wickr, and Confide are just some of the self-destructing text apps that have recently emerged. Businesses, however, should proceed with caution when using these – they could not only present an air of impropriety but also be a legal hazard. More >
Unemployment Benefits Refresher, Part II
Unemployment Benefits Refresher, Part II More >
Unemployment Benefits Refresher, Part I
A common administrative headache for employers is dealing with terminated employees who go on to seek unemployment benefits. While an employer has the right to challenge the award of unemployment benefits, choosing to do so requires careful consideration. The process can be time-consuming and may require a commitment of more resources than one would like. Additionally, challenging an award of unemployment benefits may serve to push a former employee into litigation that he or she may not have pursued otherwise. That being said, if an employer has good documentation regarding a termination and clear, uniformly enforced employee policies, challenging a claim for unemployment benefits can be successful. More >
