Compliance

August 18, 2020

Know Your Human Family

The Supreme Court reviewed three court cases where the employers terminated employees because the employees were homosexual or transgender. Gerald Bostock was terminated for conduct “unbecoming” a county employee when it was found that Gerald played in a gay softball league. Donald Zarda was fired after he mentioned being gay. Aimee Stephens presented herself as a male when she was hired. She was fired when she informed her employer she planned to “live and work full-time as woman.” The Supreme Court ruled that it’s impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual […]
March 19, 2020

Emergency Paid Sick & FMLA

The Families First Coronavirus Response Act amends the Family and Medical Leave Act (FMLA) and establishes the Emergency Paid Sick Leave Act both effective April 2, 2020 until December 31, 2020. The bill basically amends the employers’ threshold from 50 or more employees to fewer than 500 employees.  The Secretary of Labor has the authority to exempt small businesses with fewer than 50 employees when the requirement would jeopardize the viability of the business. Employees who have been employed for at least 30 days are eligible for expanded FMLA leave related to childcare and employees are immediately entitled to qualified […]
March 27, 2019

“White Collar” Overtime Volley

The Department of Labor (DOL) published its proposed rule to revise the overtime exemption for so called “White Collar” positions. These include executive, administrative, professional, outside sales and computer positions that will be required to earn $679 per week or $35,308 annualized and meet the duties and salary to be exempt from overtime. More than a million workers will be affected by this ruling. Public comment is invited at www.regulations.gov by May 21, 2019. The rule will take effect after publication of the Final Rule. Most companies lived through the recent history of the DOL’s Final Rule that was to […]
February 25, 2019

Disability Awareness Month – Settlements in the Millions

Employers must be aware that 41% of all lawsuits filed by the Equal Employment Opportunity Commission (EEOC) in FY 2018 were Americans with Disabilities Act (ADA) suits. Failure to hire, failure to accommodate and attendance and leave policies resulted in settlements in the millions of dollars. The EEOC’s strategic enforcement plan is focused on eliminating barriers in recruitment and hiring that discriminate against protected classes as well as “inflexible” leave policies and systemic harassment. The EEOC is focusing on policies that exclude and screening tools that result in disparate impact on individuals of a protective class. These practices include online […]