June 14, 2016 Resolving a split amongst circuit courts, the U.S. Supreme Court recently ruled in Green v. Brennan that the statute of limitations for a constructive discharge claim begins to run when the employee resigns, as opposed to when the last discriminatory act occurred that prompted the resignation. Marvin Green, an African-American man, had... View Post

Historically, paid sick leave has been an issue in the American workplace, mainly because the United States lags behind other countries in offering this benefit to workers.  Presently, if your business falls under the federal Family Medical Leave Act (FMLA), covered employers are already required to provide eligible employees up to 12 weeks of job-protected... View Post

May 19, 2016 Author:  Bobbi K. Dominick On May 18, 2016, President Obama and Secretary Perez announced the publication of the Department of Labor’s (DOL) final rule updating the overtime regulations. I already pay all of my employees a salary, so I do not need to worry about this new rule, correct? That is not... View Post

May 18, 2016 The U.S. Supreme Court recently answered the question – does the Constitution cover someone who wasn’t actually exercising a constitutional right?  The answer is “yes.”  In Heffernan v. City of Paterson, the U.S. Supreme Court ruled on the rather tricky question of whether the First Amendment shields employees who are not engaging... View Post

Even with the peak of the influenza season behind us, employers have good reason to be concerned about the flu in the workplace.  It poses a health risk that no business can take lightly, and those in the health care or child care fields, for example, face especially high stakes in deciding how to mitigate... View Post

April 25, 2016 Author:  Bobbi K. Dominick Workplace harassment has likely existed since the beginning of the workplace itself.  Discriminatory animus against classes of people has existed since the beginning of humanity. Since the 1960s, Title VII and related discrimination laws have required U.S. employers to take harassment prevention more seriously. As often happens, imposing... View Post

April 7, 2016 Author:  Bobbi K. Dominick The best advice for employers waiting for the new overtime rules?  Hope for the best, and prepare for the worst.  Last fall the federal Department of Labor (DOL) proposed a new overtime rule which would require employers to pay time-and-a-half overtime pay to all workers, even those performing... View Post

April 5, 2016 The U.S. Supreme Court recently made it easier for employees to prove class action claims under the Fair Labor Standards Act (FLSA). Using statistical “representative evidence,” over 3,000 employees of Tyson Foods asserted FLSA claims alleging unpaid overtime for “donning and doffing” their protective gear. A jury awarded the employees $2.9 million.... View Post

March 23, 2016 While certain industries or positions may appear to typically employ a certain type of person, employers must be vigilant and ensure that job qualifications – whether written or not – do not implicate a protected class such as age or gender.  Avoiding classifications implicating protected classes is something that applies at all... View Post

March 8, 2016 The 7th U.S. Circuit Court of Appeals ruled that a white construction worker who said he was laid off from a Missouri project because it wasn’t meeting its labor contract’s federally mandated minority-hiring goal can take his claims to trial. On February 3, 2016, the 7th Circuit reversed the grant of summary... View Post

March 7, 2016 Author:  Bobbi K. Dominick With the latest workplace shootings fresh in our minds, employers may turn to the obvious question:  Have we done enough to prevent and promptly respond if it happens in our workplace?  Employers must strike a balance between generating hysteria and encouraging vigilance.  INSIGHTS FOR EMPLOYERS Here are some... View Post

March 1, 2016 Author:  Bobbi K. Dominick On January 21, 2016 the Equal Employment Opportunity Commission (EEOC) issued a proposed enforcement guidance on retaliation under the myriad federal anti-discrimination statutes that the EEOC enforces.  The guidelines are proposed, and public comments on the proposals were open until February 21, 2016.  Now the EEOC will consider... View Post