March 2018 Newsletter

Amazon recently made a voluntary decision to ban the use of salary history questions during the employment application process. Why? The idea is that banning questions about salary history aims to close the gender pay gap. According to the Census Bureau, women make 80% of every dollar a man makes. Many argue that the gender pay gap widens as women and men age. Furthermore, according to payscale.com, “a woman who is asked about her salary...
Have I missed any? A recent poll of 2,000 American workers said that people have an average of about 60 bad days a year. (People actually keep track of such things? And, define "bad.") Of those 60-some bad days a year, 80 percent are reportedly due to work-related stress. Maybe the other 20 percent fall on the weekends. Or holidays . . . According to the article, work-related stress arises from bad sleep, being sick, bad hair (would...
Here are 10 questions to help you think it through. The Americans with Disabilities Act requires, in appropriate circumstances, that employers make reasonable accommodations for employees with disabilities. A common question is whether it is "reasonable" for an employer to let an employee work from home as a reasonable accommodation.  I last wrote about this in 2015, when the U.S. Court of Appeals for the Sixth Circuit held in EEOC v. Ford...
Raef Lawson worked as a restaurant delivery driver for Grubhub for four months in late 2015 and early 2016. He claimed that the company misclassified him as an independent contractor, and owed him overtime for hours he worked over 40 in any workweek. Last week, in Lawson v. Grubhub [pdf], a California federal judge granted the gig-employer a huge victory by ruling that Lawson and all other similarly situated drivers are independent contractors...
While President Donald Trump is not known for a deliberate approach, the long-anticipated shifts in labor law and policy is starting to take shape in an efficient and measured form. The National Labor Relations Board (“NLRB” or the “Board”) closed out 2017 with several key decisions overturning significant pro-unions policies. These decisions came on the heels of newly minted NLRB General Counsel Peter Robb’s “Mandatory Submissions to Advice”...
A residential care provider has settled an EEOC lawsuit alleging failure to accommodate an employee's pregnancy. Silverado Menomenee Falls, LLC, a residential care provider, has settled a lawsuit filed by the Equal Employment Opportunity Commission for $80,000. The lawsuit alleged that a Silverado hospice/assisted living facility in Wisconsin unlawfully refused to accommodate the pregnancy of an employee. Here are the Consent Decree, the ...