U.S. Women's Soccer Team Seeks Pay Equality
4/7/16
By: Joyce M. Mocek
Recently five team captains of the US Women’s Soccer Team, on behalf of the entire team, filed a complaint with the EEOC against the US Soccer Federation alleging pay inequality and discrimination. The complaint seeks equal …
"How Much is that Steak Bowl Really?" A Costly Reminder About Social Media Policies
3/21/16
By: Robert Krandel
On March 14, 2016, an Administrative Law Judge for the National Labor Relations Board ruled that Chipotle violated the National Labor Relations Act when it unlawfully forced an employee to delete negative tweets about the restaurant. The …
Final Rule Extends Optional Practical Training Period for STEM Students
3/15/16
By: Nina Maja Bergmar
On March 9, 2016, the Department of Homeland Security (DHS) issued a final rule that extends the Optional Practical Training (OPT) period for so-called “STEM students”—students with degrees in the fields of science, technology, engineering, and …
“Ban the Box” What Can You Ask Applicants About Criminal History?
3/11/16
By: Meaghan Petetti Londergan
There is a growing national trend to “ban the box” by removing any consideration of an applicant’s criminal history from the initial hiring process. “Ban the box” laws prohibit an employer from asking about an applicant’s …
Hands Off My Money! Ninth Circuit Rules Employers Can't Force Employees to Share Tips with Non-Tipped Employees
3/3/16
By: Brad Adler and Amanda Hall
We have discussed tip-pooling programs in the past. Generally speaking, the Fair Labor Standards Act (“FLSA”) permits an employer to fulfill part of its hourly minimum wage obligation to tipped employees using the …
Who's The Boss
2/25/16
By: Michael Hill
We have previously discussed the DOL’s decision to narrow the definition of “independent contractor” so that more workers can be deemed “employees” and thus subject to federal wage and hour laws. On a similar theme, …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
The EEOC Expands Efforts to Tackle HIV Discrimination
2/16/16
By: Nina Maja Bergmar
One area in which we expect to see an increase in discrimination charges in 2016 is employees with HIV/AIDS. On December 1, 2015, the EEOC announced that it resolved almost 200 charges of discrimination based on …
Issuing a Reservation of Rights? You May Lose Control Over Settlement
2/5/16
By: Jonathan Romvary
By reserving the right to deny coverage, insurers may be relinquishing the power to force the policyholder to forego reasonable settlement opportunities for covered claims that do not align with the goals of the insurer. In Babcock …
The Service Advisor Quandary – It's Now the Supreme Court's Turn
2/2/16
By: Brad Adler and Tim Holdsworth
For over forty years, courts have almost universally found that auto dealership service advisors were exempt from the FLSA’s overtime requirements under the salesman exemption contained in Section 13(b)(10)(A) of the statute. In contrast, …
IRS Says Identity Theft Protection is No Longer Taxable
1/22/16
By: David Cole
The Internal Revenue Service (IRS) recently announced that it will treat identity theft protection as a non-taxable, non-reportable benefit, even when offered proactively before any data breach, and regardless of whether it is offered by an employer …
Employers Win a Healthy Victory Against The EEOC on Employee Wellness Programs
1/19/16
By: Amanda Cash
While the EEOC filed multiple lawsuits in 2014 challenging the employee wellness programs of three different companies, employers won a significant victory on the last day of 2015 in the wellness program arena. On December 31, 2015, …