COVID-19 has disrupted the global economy and employers may soon face the need to reduce expenses associated with exempt employees. Employers can place exempt employees on furlough, or, in some cases, reduce salaries and hours, without jeopardizing the FLSA exemption, but exceptions may need to be made for certain employees on work-authorized visas.
Continue Reading Reducing Exempt Employee Payroll in Response to Coronavirus Uncertainty

In the early morning hours of March 14, 2020, the U.S. House of Representatives passed a bill to address concerns related to the spread of COVID-19.  The Senate is expected to consider the Bill shortly, and according to media reports, the Bill has the Trump Administration’s support.  Our summary highlights provisions of the Bill related to leave. 
Continue Reading Coronavirus Response Bill Passes House, Would Provide Paid Leave, Expand FMLA for Certain Employees

After a nearly six-year legal battle, the Fifth Circuit has struck down the U.S. Equal Employment Opportunity Commission’s 2012 Enforcement Guidance on the consideration of criminal history in employment decisions.  On August 6, a three-judge panel held that the Guidance was a substantive rule the EEOC had no authority to issue and that the EEOC can no longer enforce the Guidance or treat it as binding in any respect.
Continue Reading EEOC Criminal History Guidance Struck Down by Fifth Circuit

On November 15, the EEOC issued its 2017 annual Performance and Accountability Report, providing details and statistics regarding the Commission’s performance and goals during the period of October 1, 2016 to September 30, 2017.
Continue Reading EEOC Issues Performance and Accountability Report for Fiscal Year 2017, Highlights Reduction in Backlog and Plans for Upcoming Year

On June 30, 2017, Missouri Governor Eric Greitens signed a bill into law that makes substantial changes to Missouri’s employment discrimination laws. The Bill, which goes into effect on August 28, amends the Missouri Human Rights Act (MHRA) and creates the “Whistle Blower Protection Act.” Numerous changes have been made to the MHRA, so the Bill is worth a read.
Continue Reading Missouri Amends Its Human Rights Act and Codifies Whistleblower Protection

The New York City Commission on Human Rights recently amended its rules to establish certain definitions and procedures applying the Fair Chance Act. The Act makes it unlawful to discriminate against job applicants and employees on the basis of criminal history, and is particularly important for employers for two reasons….
Continue Reading N.Y.C. Commission on Human Rights Issues New Rules Applying the Fair Chance Act

The issue of whether workers are properly classified as independent contractors rather than employees is a common dispute in the gig economy, particularly in newer, technology-based industries, such as ride-sharing. That issue just became a much simpler one in Florida.
Continue Reading Florida Legislation Establishes That Ride-Sharing Drivers Are Independent Contractors, Not Employees

n a previous post, we discussed the Second Circuit’s opinion finding that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists administer immunizations. The plaintiff requested that the Second Circuit rehear the case, arguing that it should consider additional evidence.
Continue Reading Second Circuit Denies Needlephobic Pharmacist’s Rehearing Request