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IAML Insights

July 23, 2018

Pow! Pow! Pow! The College of Wooster, in Wooster, Ohio (student body approx. 2,000), is going to have to go to trial on a triple whammy of pregnancy discrimination, failure to accommodate a disability, and violations of the Family and Medical Leave Act -- when the plaintiff wasn't even eligible for FMLA leave and got more leave than would...

July 20, 2018

A little-known but crucial position at the U.S. Department of Labor (DOL)—the director of the Office of Labor-Management Standards (OLMS)—was finally filled on July 9, 2018, by Arthur F. Rosenfeld, an experienced former member of the administration of President George W. Bush. The intention to appoint Rosenfeld was first announced over nine months...

July 19, 2018

It is quite common in the hospitality industry for employers to pay tipped employees a cash wage that is less than the required minimum wage. This practice is permissible under the Fair Labor Standards Act’s (FLSA) tip credit provisions. The philosophy underlying the tip credit is that the tipped employees are receiving compensation in the form of...

July 17, 2018

I've thought a lot of things walking through Costco.Why aren't the free samples out yet?What the heck am I going to do with 10 pounds of cheese, but damn that's a good price?How did I just manage to spend $250?The one thing I've never thought?It's so loud in here; I wish the employees would speak more quietly.Then again, I've never been...

July 16, 2018

"Zero tolerance" is too blunt an instrument, and it may even increase bad behavior. Chai Feldblum, a Democratic Commissioner of the Equal Employment Opportunity Commission, was quoted this week as saying that "zero tolerance" policies can actually make it harder for employers to fight workplace harassment. According to Ms. Feldblum, a...

July 12, 2018

As we previously posted, gender discrimination issues have been a hot topic at the National Labor Relations Board (“NLRB”). Now, it seems the NLRB is even more on board the #metoo movement – but with a twist, sexual harassment by unions. On February 20, 2018, the NLRB in ILA Local 28(Ceres Gulf, Inc.) (NLRB 2018) issued a very concise, but biting...

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