OFCCP Director Shiu Outlines Agency Objectives
Speaking on July 27 to the Industry Liaison Group’s 29th Annual National Conference to an audience of human resources professionals for the nation’s top companies, the Office of Contract Compliance...
View ArticleWho Owns Your Employees’ Twitter Accounts?
It seems like everyone is tweeting these days, including employees and often as a part of their jobs. For employers whose employees are using Twitter, Facebook, blogs, or other social media as a part...
View ArticleDepartment of Labor Begins Enforcing Requirement That Employers Provide...
The Department of Labor has begun enforcing the law passed in March 2010 requiring break time for nursing mothers and has cited 15 employers for violations of the law. We wrote about this law at the...
View ArticleEEOC Issues Revised Publication On Employment of Veterans with Disabilities
The EEOC recently issued a revised publication on the employment of veterans with disabilities. According to the EEOC, the publication reflects changes in the law made by the ADA Amendments Act of 2008...
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EEOC Permits Title VII Sex Discrimination Claim Based On Transgender Status...
The Equal Employment Opportunity Commission (EEOC) decided on April 20, 2012 that discrimination against an employee on the basis that they are transgender was the equivalent of sex discrimination...
View ArticleEmployers Beware: That Policy Against Re-Hiring Retirees Might Violate the ADEA
The Ohio Court of Claims in Richard Warden v. Ohio Department of Natural Resources held that, at least for public employers, a policy against re-hiring retired employees had a discriminatory impact on...
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Slap Happy Celebration of Work Accomplishment Not Severe or Pervasive Enough...
Sandra Williams was a sales associate for a timeshare company in Virginia Beach. After the completion of a difficult sale, Williams’s supervisor slapped her on the buttocks. Williams reported the slap...
View ArticleTwo Pregnant Employee Terminations in Two Months Too Coincidental for...
Tasha Alexander was a nurse at a retirement community in Cincinnati. In April 2010, she received a glowing performance review. Approximately one month later, she informed her employer that she was...
View ArticleTwo Pregnant Employee Terminations in Two Months Too Coincidental for Sixth...
The Sixth Circuit held that an employer terminating two pregnant employees in two months—coupled with the close proximity in time between the terminations and the employer learning of the...
View ArticleOhio Supreme Court Holds That Employee Not Wearing PPE Did Not Amount to a...
In Hewitt v. L.E. Myers Co., 2012-Ohio-5317, the Ohio Supreme Court held last week that protective gloves and sleeves are “personal protective items” that an employee controls and not equipment safety...
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Be Careful What You Dismiss As Not a "Real" Religion When Employees Seek...
In a recent decision in Chenzira v. Cincinnati Children’s Hospital Medical Center, Case No. 1:11-cv-00917, the U.S. District Court for the Southern District of Ohio in Cincinnati held that sincerely...
View ArticleNLRB Further Restricts Employer Policies On Employee Communication: NLRB...
On the heels of three memoranda from its General Counsel, multiple ALJ decisions, and even one or two decisions of the full Board addressing employer social media and communications policies over the...
View ArticleOFCCP Signals Formal Change of Course On Pay Discrimination
On February 28, 2013, the Office of Federal Contract Compliance Programs (OFCCP) rescinded two Bush-era enforcement guidance documents on pay discrimination from 2006—the “Compensation Standards” and...
View ArticleOFCCP Enforcement and Regulatory Agenda Heightened for Fiscal Year 2013
Federal contractors and subcontractors should take notice that, in the last couple of years, the Office of Federal Contract Compliance Programs (OFCCP) has been pursuing a much more aggressive...
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Sixth Circuit Holds That Subcontracted Employees Can Sue the General...
Yesterday, the Sixth Circuit revived the Equal Employment Opportunity Commission (EEOC)’s lawsuit against Skanska USA Building, Inc., holding that it was the de facto employer for subcontracted...
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Updates for Federal Contractors: New Minimum Wage Coming Soon; New Required...
Those of you who watched President Obama’s State of the Union Address know he announced that he will establish by Executive Order a minimum wage of $10.10 for all federal contractors and...
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Daughter’s Facebook Brag Underscores the Enforceability of Confidentiality...
We all understand the importance of including a confidentiality clause in settlement, severance, and separation agreements. While nothing can prevent a departing employee from going on a conspicuous...
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Sixth Circuit Reverses Course and Holds That Telecommuting May Be a...
Courts in the past, including in the Sixth Circuit (which includes Ohio), have held that telecommuting is not required as a reasonable accommodation because regular attendance at work on a predictable...
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Two Lessons Learned from JP Morgan Chase’s Recent $1.45 Million EEOC Settlement
In a widely publicized case, the EEOC obtained a $1.45 million settlement on behalf of female mortgage consultants in Columbus, Ohio who it alleges were subjected to a hostile work environment and...
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Secretary of Labor Announces Proposed Rules for Minimum Wage for Federal...
The Secretary of Labor announced proposed regulations raising the minimum wage for workers on federal contracts to $10.10 per hour. This new requirement applies to: (1) construction contracts covered...
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