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August 2016 Newsletter

On February 1, the Equal Employment Opportunity Commission issued a proposal that would require employers with 100 or more employees to begin submitting compensation data with their annual EEO-1 reports. I wasn’t crazy about the idea. After receiving comments on its February proposal, the EEOC issued today a new proposal, which has tweaks to the February proposal but no major changes. Comments on the new proposal (which I’ll call the “...
Me and my nerdy mind. It’s too soon for me to have an opinion about who’s right and who’s wrong in the Gretchen Carlson-Roger Ailes sexual harassment case. Some very disturbing allegations have been made about Mr. Ailes’ (long before Fox) having a “casting couch” for prospective female talent. If that’s true, then it’s disgusting. On the other hand, a number of current and former Fox News women have come to his...
On June 30, 2016, the U.S. Department of Labor (“DOL”) issued an interim final rule that significantly increases various penalties under the Employee Retirement Income Security Act of 1974 (“ERISA”).  The interim rule is the result of a 2015 amendment to the Federal Civil Monetary Penalties Inflation Adjustment Act of 1990, which required federal agencies to issue an interim final rule by July 1, 2016, that adjusts civil penalties for...
Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors causes him a great deal of stress, which in turn exacerbates his medical condition, and yesterday was one of those days. On Frank’s FMLA medical certification, his doctor confirms that he will need to have treatment...
Did you realize that the Equal Employment Opportunity Commission can sue you just for (allegedly) lousy recordkeeping? No discrimination, no harassment, no retaliation — just (alleged) failure to keep adequate records. Well, it’s true. Back in 2010, the agency was investigating whether Crothall Services Group’s use of criminal background checks and criminal history in making hiring decisions had a disparate impact on African-American,...
The two-year bipartisan budget President Obama signed on November 2, 2015, required OSHA to raise its citation penalties for the first time in 25 years.  Since 1990, OSHA has been one of only three federal agencies that were specifically exempted from a law that required federal agencies to raise their fines to keep pace with inflation.  A section of the budget bill – entitled the Federal Civil Penalties Inflation Adjustment Act...
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