SimplyHR | Employment & Labor Blog 

Subscribe

Blog Editors

Topics

Archives

By T. Christopher Bailey on April 4, 2020 at 5:50 PM

Q&A on FFCRAAttempting to further clarify the confusion faced by employers following passage of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) issued its fourth set of Q&As (#60-79) to help with implementation.

The DOL issued its first set of Q&As (#1-15) on March 24, 2020 (read more here), followed closely by its second set (#16-37) and third set (#38-59) on March 26 and March 28, respectively (read more here). The DOL also released a temporary rule issuing regulations applicable to the FFCRA on April 1 (read more here).

Facebook Twitter LinkedIn Google+ Email
By Amy Blaisdell, T. Christopher Bailey on March 28, 2020 at 2:45 PM

This post was updated on April 4, 2020.

The CARES Act tweaks the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act and establishes Federal Pandemic Unemployment Compensation to supplement state unemployment. Employers should take note of these provisions.

Hand with money

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020. This extensive 880-page stimulus legislation is packed full of a variety of incentives for employers and their workers, which employers will want to consider as they decide how to manage their workforce in the coming days, weeks and even months. One important piece of the legislation is the Paycheck Protection Program discussed here. In this blog, we tackle the portions of the CARES Act that amend the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”), which take effect on April 1, 2020 and were previously covered  here. We also discuss the enhanced unemployment benefits made available to workers by the CARES Act.

Facebook Twitter LinkedIn Google+ Email
By T. Christopher Bailey on December 30, 2019 at 4:30 PM

Moving from 2019 to 2020With the new year fast approaching, millions around the world will be gathering to count down the end of 2019 and usher in a new decade. As the ball drops in Times Square, employers should be asking themselves, “Are my exempt employees still subject to the Fair Labor Standards Act (FLSA) exemption?”

Facebook Twitter LinkedIn Google+ Email
By T. Christopher Bailey on August 7, 2019 at 12:30 PM

Woman's arms protecting a drawing of money on a chalkboard from question marksUnder a new law set to take effect September 29, 2019, Illinois employers will be prohibited from, among other things, asking for an employee’s wage history during the hiring process. The law, which amends the Illinois Equal Pay Act, is designed with the intent of avoiding future pay disparity between men and women based on prior wage differences.

Facebook Twitter LinkedIn Google+ Email
By T. Christopher Bailey on June 6, 2019 at 2:00 PM

United States Supreme CourtIn a unanimous decision, the U.S. Supreme Court held that an employee’s failure to exhaust administrative remedies is not a jurisdictional prerequisite to filing a lawsuit, rather it is a procedural requirement that could be waived by the employer’s failure to timely raise the issue.

In Fort Bend County, Texas v. Davis, --- S.Ct. ---- (U.S. June 3, 2019) the plaintiff, Davis, filed a charge of discrimination alleging sex discrimination and retaliation. While that charge was pending, Davis was told to report to work on a Sunday. When Davis refused due to a prior church commitment, her employment was terminated. Intending to amend her earlier charge, Davis submitted an EEOC Intake Questionnaire on which she handwrote “religion” under “Harms or Actions” and checked the boxes for “discharge” and “reasonable accommodation.” However, Davis made no change to her formal charge of discrimination document to allege discrimination on the basis of her religion.

Facebook Twitter LinkedIn Google+ Email
By Lauren Harris, T. Christopher Bailey on June 7, 2018 at 2:50 PM

Person decorating a white wedding cakeOn June 4, 2018, the U.S. Supreme Court released its long-awaited decision in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission, 584 U.S. ___ (2018), which examined whether a Colorado bakery violated that state’s Anti-Discrimination Act by refusing to bake a wedding cake celebrating a same-sex marriage ceremony. While a 7-2 majority of the court sided with the bakery, the much-anticipated decision left more questions unanswered than answered. The decision and concurring and dissenting opinions can be read here.

Facebook Twitter LinkedIn Google+ Email
By Kevin McLaughlin, T. Christopher Bailey on April 11, 2016 at 8:51 AM

A railway company and the business groups that supported its position scored a victory April 5 with the U.S. 8th Circuit Court of Appeals’ decision that obesity is not a covered condition under the Americans with Disabilities Act. The ruling is the latest to support the position that general obesity, without an underlying medical cause, does not warrant protection under the ADA.

Facebook Twitter LinkedIn Google+ Email
By T. Christopher Bailey on February 1, 2016 at 4:38 PM

A new proposal announced by the Equal Employment Opportunity Commission (EEOC) would add a requirement that employers submit data on employees’ pay ranges and hours worked on federal EEO-1 forms beginning in September 2017. Companies with more than 100 employees and federal contractors are currently required to annually submit an EEO-1 report that includes information regarding employees’ race, ethnicity and gender.

Facebook Twitter LinkedIn Google+ Email
By Katherine Fechte, T. Christopher Bailey on September 23, 2015 at 11:14 AM

The National Labor Relations Board has long held employers cannot stifle employee communications about the conditions of their employment in general handbook confidentiality clauses, but on Aug. 27, the NLRB took that prohibition one step further.

In a 2-1 decision, the board ruled The Boeing Co.’s confidentiality restriction for employees under HR investigations violated the National Labor Relations Act. (Boeing Co., 2015 BL 278958, 362 N.L.R.B. No. 195, 8/27/15.)

Facebook Twitter LinkedIn Google+ Email
By Beata Krakus, T. Christopher Bailey on August 31, 2015 at 1:16 PM

Reversing course from more than 30 years of precedent, the National Labor Relations Board significantly expanded its standard for determining when two entities constitute a single joint employer over a unit of employees. In so doing, the NLRB creates questions about a number of entity relationships such as parent corporation/subsidiary, contractor/subcontractor and franchisor/franchisee relationships.

Facebook Twitter LinkedIn Google+ Email

This website uses cookies to improve functionality and performance. If you choose to continue browsing this website, you consent to the use of cookies. Read our Privacy Policy here for details.