Library
August 12, 2015
The Fair Labor Standards Act (FLSA) protects workers by mandating minimum wage be paid and any time worked over 40 hours in a workweek be paid at 150% of the worker’s hourly rate. The Act, enacted in 1938, was designed to ensure that “each employee covered by the Act would receive a fair day’s pay for a fair day’s work and would be protected from the evil of overwork as well as underpay.” Employers are not required to pay overtime for workers deemed exempt from this regulation. The Act has been updated seven times since 1938. Updates have included salary […]
July 5, 2015
Equal Employment Opportunity Commission (EEOC) vs. Abercrombie & Fitch Stores, Inc. reminds all employers of the “ass-u-me “rule of assumption. The interviewer assumed Samantha Elauf wore her hijab because she was a practicing Muslim. Rather than being openly curious, the interviewer informed the district manager who decided not to hire because Ms. Elauf’s headscarf would not comply with the Store’s Look Policy. Abercrombie argued its dress code, The Look Policy which prohibited caps was neutral and did not constitute intentional discrimination. The Supreme Court explained Title VII gives religious practices “favored treatment” requiring policies to “give way to the need […]
May 25, 2015
Oh my gosh, employees do not have to disclose their sexual orientation or gender identity. However, it is not too much information to know the sexual orientation and gender identity of one’s employees. Employers should have an increased awareness of the rights of lesbian, gay, bisexual and transgender employees to establish and communicate their stance to protect those rights. The great majority of large employers and many smaller employers include sexual orientation and gender identity under their anti-discrimination policies. Federal employees and federal contractors are required to protect employees from sexual orientation and gender identity discrimination. Several states, cities and […]
April 28, 2015
The National Labor Relations Act (NLRA) applies to most employers whether or not a union exists within the company. Protected concerted activity is not only related to union activity. Employees are allowed to complain about work conditions. The National Labor Relations Board (NLRB) continues to aggressively define protected, concerted activity. General Counsel, Richard J. Griffin recently compiled a report to provide employers guidance concerning work rules. The report discusses the NLRB’s opinion about the several categories of workplace rules. In general, broad statements prohibiting conduct are unlawful. For example, defining confidential as unauthorized disclosure could adversely affect the [Employer’s] interests, […]