By now, employers know that on November 22, 2016, federal court Judge Amos Mazzant in Texas issued a preliminary injunction that has blocked – temporarily – the implementation of the revised white collar overtime regulations issued by the Department of Labor (DOL) earlier this year. Those regulations, which have been the focus of concern,
On October 20, 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued a publication entitled “Antitrust Guidance for Human Resource Professionals” which, according to the opening paragraphs, is “intended to alert human resource (HR) professionals and others involved in hiring and compensation decisions to potential violations of the antitrust laws.”
One question is being asked by employers on a nearly daily basis: “Do we really have to meet the December 1, 2016 effective deadline for the revisions to the U.S. Department of Labor (DOL) overtime regulations?” Short answer is: Yes.
Attempts are being made to delay, change, soften, and eliminate the December 1 implementation date,
The effective date for the revisions to the U.S. Department of Labor (DOL) overtime regulations is less than 80 days away, and employers continue to struggle with the challenges created by changes to the existing rule. On September 20, 2016, federal court lawsuits were filed by two disparate groups, each attempting to put off or
Retaliation claims are asserted in nearly half of the charges received by the Equal Employment Opportunity Commission (EEOC), according to its Chair, Jenny Yang, and now comprise the most frequently alleged basis of discrimination. On August 25, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues. The guidance, which replaces the
This post was written by Jennifer G. Betts of Ogletree Deakins’ Pittsburgh Office.
On August 4, 2016, the Pennsylvania Department of Labor and Industry signed a three-year Memorandum of Understanding (“MOU”) with the U.S. Department of Labor’s Wage and Hour Division (“DOL”). The MOU was designed to prevent the misclassification of employees as independent
As of August 17, 2016, and according to the Center for Disease Control (CDC), there are 2260 cases of Zika virus in the United States, 14 of which were “locally acquired mosquito-borne cases” (all 14 of those are in Florida), and the remainder of which are “travel associated.” The CDC also reports 8035 cases of
In an unpublished decision, one federal appellate court has penned an opinion that goes to the heart of how discrimination cases are analyzed under Title VII by re-interpreting the prima facie case requirements set by the U.S. Supreme Court in the McDonnell Douglas Corp. v. Green case in 1973.
Elements of a prima facie case
On May 18, 2016, the Department of Labor (DOL) announced the publication of a final rule, updating its existing overtime regulations. The updated regulations are scheduled to become effective on December 1 of this year and are predicted to extend overtime pay protections to over 4 million workers within the first year of implementation. The
New rules were published by the Equal Employment Opportunity Commission (EEOC) on May 17, 2016, under the Americans with Disabilities Act (ADA) for employers that have instituted “wellness programs.” Under the rules, employers must make sure participation in those programs is voluntary, and that the programs are reasonably designed to promote employee health.
The rule
