On Jan. 29, the White House announced that the Equal Employment Opportunity Commission (EEOC) will issue proposed regulations to modify the Employer Information Report, known as the EEO-1, to include collecting pay data from employers with more than 100 employees. The EEOC says it needs this pay data to “assist . . . in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.” Currently, the EEO-1 gathers information on employers’ workforces by race, ethnicity, sex, and job category….
31 Dec What – This is MY Fault?!? Indiana Supreme Court Expands Employers’ Respondeat Superior Liability for the Acts of their EmployeesFair Labor Standards Act | Mark Scudder
Earlier this month, the Indiana Supreme Court issued an opinion in Knighten v. East Chicago Housing Authority which expands employers’ liability for acts of their employees under the doctrine of respondeat superior. In Knighten, the East Chicago Housing Authority contracted with a security company to provide guards at its facility. One of the security guards was romantically involved with a resident of the Housing Authority. The guard got into an argument with the resident while he was on duty and shot her, paralyzing…READ MORE
On Nov. 6, 2015, the U.S. Supreme Court agreed to hear the appeals of several religious employers challenging the contraceptive mandate under the Patient Protection and Affordable Care Act (ACA). The court will consolidate seven cases, the most prominent of which was brought by the Little Sisters of the Poor, an order of Catholic nuns who dedicate their lives to helping the elderly poor. The other employers include several Catholic dioceses, a religious non-profit group and several Christian colleges. The contraception mandate requires religious…READ MORE
The NLRB is at the center of the most recent battle over religious freedom. At issue is the religious character of faculty at religious colleges and universities. Since the U.S. Supreme Court’s ruling in NLRB v. Catholic Bishop of Chicago, the board has been barred from regulating employees in religious educational institutions. However, in recent years, the board has tried to narrow the reach of the Catholic Bishop of Chicago case by arguing that it only applied to institutions of a “substantial religious character.” When…READ MORE
On April 16, 2015, the EEOC issued a Notice of Proposed Rulemaking that would amend the regulations and interpretive guidance under Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs. A copy of the proposed rule can be found here. Barnes & Thornburg has issued an Employment Alert on the proposed regulations. This proposed rule was highly anticipated as recent lawsuits filed by the EEOC raised questions about when wellness plans violated the ADA. Mark ScudderMark D….READ MORE