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June 2016 Newsletter

For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as a reasonable accommodation under the ADA. This week, employers received an answer. Well, kind of. Yesterday, the EEOC issued a resource document — entitled Employer-Provided Leave and the Americans with Disabilities Act...
I admit it.  I have a crush on Justice Thomas.  Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing party” in a Title VII case – would make any employment defense lawyer’s heart skip a beat. But the majority opinion is not what caused me to swoon. Justice Thomas’ badass (am I allowed to use the word “...
On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized a recordkeeping and reporting rule to “modernize injury data collection to better inform workers, employers, the public, and OSHA about workplace hazards.” Currently, OSHA requires employers to keep a record of work-related injuries and illnesses.  Under the new rule, employers will send OSHA injury and illness data that the employers are already...
Starting in January, California has rolled out Equal Pay Legislation 2.0—the new generation in equal pay legislation. It has become the first jurisdiction to adopt a true “comparable worth” standard for pay equity. Typically states follow the federal Equal Pay Act to require that employers pay men and woman alike for “equal work” which requires “equal skill, effort or quality” at the same “establishment.” Such laws prohibit discrimination...
Last Thursday, the White House issued a report titled “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses” and an accompanying blog post. Relying heavily on a report earlier this year from the U.S. Treasury, the White House report criticizes the perceived misuse of non-competes, highlights their negative impact on the economy, and concludes that “in certain cases, non-competes can...
A semi-recent article in the New York Post — “The Corporate ‘Cure’ for Sexual Harassment Only Feeds the Disease” — cited a couple of studies that allegedly proved that sexual harassment training is worse than doing nothing because it makes men resentful and more likely to tolerate harassment. Wow. That’s terrible! Except that it’s not precisely true. What these studies really say is that bad sexual harassment training may be...
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