We are writing to alert you to yet another source of wage-hour and wage-payment claims. EO 13706 mandates that government contractors and sub-contractors provide paid sick days in addition to any other PTO requirement (such as the vacation pay requirement contained in the Service Contract Act). Failure to make payments could result in liability to
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AVP’s Alleged Remarks Send Dispute to Jury in EEOC Case
A U.S. District Court in Maryland recently denied an employer’s motion for summary judgment allowing the EEOC to pursue its allegation that an employer engaged in discriminatory practices regarding a promotion. EEOC v. Dimensions Healthcare Sys., No. 15-2342 (D. Md. Sept. 2, 2016).
The employer’s Associate Vice President (“AVP”) is alleged to have …
New Jersey Bill Seeks to Bar Pre-Hire Inquiries into Candidate Compensation History
The New Jersey State Assembly is considering a bill (A-4119) that would amend the New Jersey Law Against Discrimination (“LAD”) to prohibit an employer from seeking compensation information on a candidate. If passed, the legislation will affect the hiring process in New Jersey, including requiring changes to application materials, interview questions, and negotiations over compensation. …
Federal Court Upholds Discharge of Transgender Employee
Addressing an unsettled evolving area of law, the U.S. District Court for the Eastern District of Michigan ruled, on August 18th , that a Michigan funeral home did not violate Title VII of the Civil Rights Act of 1964 by requiring a transgender male employee to wear a man’s suit to work. …
Muslim Employee Has a Triable Discrimination Claim Arising From a Five-Day Suspension for Using the Gym During Work Hours
The U.S. District Court for the District of Connecticut ruled that a Muslim employee raised a triable national origin and religion discrimination claim against his employer arising out of his five-day suspension for using the gym during work hours. Ucar v. Conn. Dep’t of Transp., (D. Conn., No. 14-CV-765, 8/11/16). The situation arose when, …
Fifth Circuit: Evidence That Not All Employees Received or Were Trained on Employer’s Harassment Policy Sufficient to Create Fact Issue on Faragher/Ellerth Defense
In light of evidence that not all employees were given training or information about the employer’s sexual harassment policy, the Fifth Circuit recently reversed the grant of summary judgment in favor of an employer. The court ruled that the evidence was sufficient to create a fact issue as to whether the employer took reasonable steps …
EEOC PUBLISHES UPDATED EEO-1 REPORTING PROVISIONS
EEOC has released updates to its proposed EEO-1 reporting provisions. The updates were published July 14, 2016 in the Federal Register and the public with have 30 days to submit comments. The updates consider and respond to many of the comments that were submitted in response to the Agency’s original proposal which was published earlier…
Sleeping On The Job Due To Prescription Medication Not A Sufficient Basis to Dismiss Disability Discrimination Complaint
In Beaton v. Metropolitan Transportation Authority New York City Transit, Docket No. 15 CV 08056 (S.D.N.Y. June 15, 2016), the Court denied Defendant’s motion to dismiss Plaintiff’s disability discrimination claims under the ADA and local laws. The case is significant because it addressed an alleged mental disability. By way of background, Plaintiff was employed…