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….
With each case, employers defending discrimination claims know at least these three things: litigation can be expensive, litigation is time-consuming, and the outcome is never a sure thing. Still, every once in a while, information is revealed that makes the case more thrilling, and little is more exciting than discovering a plaintiff’s criminal past, such as an ADA plaintiff who illegally sold prescription pain medications and also may have engaged in shoplifting. Sounds like great evidence that should torpedo the plaintiff’s claims, right? Not…READ MORE
If you would like to add your two cents to the debate about compliance with anti-retaliation provisions in Title VII and other federal non-discrimination statutes, the EEOC is listening. The EEOC has announced that it has prepared an Enforcement Guidance on retaliation and has now opened the process for public comments. The EEOC last issued guidance on retaliation back in 1998, so now it is seeking to update its guidance to incorporate recent rulings from the U.S. Supreme Court and lower federal courts…READ MORE
22 Jan Meowing Dogs and Barking Cats: Supreme Court Grants Certiorari to Determine Service Advisors’ Eligibility for Overtime PayFair Labor Standards Act | BT Currents
The Supreme Court recently granted certiorari in Navarro v. Encino Motorcars, LLC, after the Ninth Circuit found that the FLSA exemption for overtime pay does not apply to car dealership service advisors. The relevant FLSA exemption applies to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” Service advisors diagnose vehicle service needs and suggest additional services for the maintenance of vehicles. They are paid on a commission basis only, and receive neither an hourly wage nor a salary. Car…READ MORE
A recent case out of Connecticut federal court serves as a fine reminder that a good dose of common sense can be indispensable for staying out of trouble under the Americans with Disabilities Act (ADA). In the case in question, a call center employee was a top performer, consistently receiving sterling performance evaluations and even a special award for outstanding service. Unfortunately, a car accident led to disabling spine, hip, elbow, shoulder, and knee injuries. The employee’s performance suffered as her injuries made it…READ MORE