Beginning on March 1, 2017, California employers and businesses will need to re-label any single-stall restroom facilities as available to users of either gender. Such facilities are required to be identified as “all gender” and be universally accessible. Continue Reading Single-User Restrooms Must Be Made Available To All in California
A recent federal Appellate Court decision offers employers greater flexibility and decision making authority in considering job reassignments for qualified disabled employees. In EEOC v. St. Joseph’s Hospital, a case decided by the Eleventh Circuit Court of Appeals (which covers Georgia, Florida and Alabama), an employee sought a job reassignment as a reasonable accommodation under the Americans with Disabilities Act (ADA). The employer allowed the employee thirty days to apply for vacant positions, but did not automatically grant her a new position. Rather the employer required the employee to compete for a new position pursuant to its best qualified applicant hiring policy – she would be given the job only if she was the best qualified applicant for the position. Continue Reading Are Disabled Employees Entitled to Be Reassigned to an Open Position?
A nationwide restaurant chain is in a “sticky” situation, and not because of the barbeque sauce on its ribs. Rather, it faces a trial in a lawsuit filed by the U.S. Equal Employment Opportunity Commission, alleging years of pervasive age discrimination in its hiring of hourly, “front of the house” employees. The EEOC alleges that the company failed to hire applicants over 40 for public, visible positions such as servers, hosts, and bartenders, and instead instructed managers to hire younger applicants for those positions at its hundreds of locations. Continue Reading Sticky Notes On Applications Create “Sticky” Problem in Hiring
Last Fall’s election, where so much was said about hacked emails, should serve as a reminder to employers that cyber security is of the utmost important. Cyber crime continues to rise across the globe. In some European countries it even outpaces traditional crime. A single data breach can cost a company millions of dollars in lost revenue, fines, and corrective action, not to mention the damages to its reputation and brand loyalty. So what are the biggest cyber threats and how can businesses best defend against them? Continue Reading Cyber Security & Employees
Out with the old and in with the new? Not so fast. For California employers, it’s more like keep the old and add the new. And, as so often happens, the new year brings new concerns. While this list is not exhaustive, California employers should keep their sights on the following new state and local regulations or requirements for 2017: Continue Reading Catch the Wave: New California Employment Regulations and Requirements for 2017
A nationwide junction was issued Tuesday evening blocking implementation of the U.S. Department of Labor’s new rules increasing the minimum salary levels required for most white collar exemptions. These new rules had been scheduled to go into effect on December 1, and would have raised the minimum annual salary level for most exemptions from $23,660 to $47,476. The injunction halts enforcement of the rule until the Department of Labor receives a contrary order from the issuing court or an appellate court. But, since Texas is in the Fifth Circuit, which is a traditionally conservative court, the Department of Labor faces an uphill climb and it is unlikely that the new rules will go into effect in the foreseeable future. Continue Reading Nationwide Injunction Prohibits Implementation of the Department of Labor’s New Overtime Rules
As we near the end of this election season, employers should be ready for requests from employees for time off to vote. Polling places are expected to be crowded and employers in many states must accommodate their employees’ right to vote if an employee’s work schedule prevents that person from going to the polls. (Even in states where it is not legally mandated, considering this election year, and the general feelings around fundamental right to vote, all employers should strongly consider a plan to enable employees to vote if at all possible.) Continue Reading California Employees Can Be Entitled To Paid Time Off For Voting
The Eleventh Circuit Court of Appeals (which handles federal court appeals from Georgia, Florida and Alabama) recently issued a surprising and first of its kind decision holding that applicants may not bring a disparate impact claim under the Age Discrimination in Employment Act (“ADEA”). The ADEA prohibits employers from intentionally discriminating against employees 40 or older due to their age. Any such “disparate treatment” (another way of saying intentional discrimination) violates the ADEA. But the ADEA is also usually understood to also prohibit unintentional discrimination on the basis of employees’ age (over 40), such as a rule or policy or practice that while non-discriminatory on its face has the real, if unintended, effect of discriminating against older workers. This concept is known as “disparate impact” discrimination. As the ADEA (and most employment discrimination laws) applies to both employees and applicants for employment, most assume that the disparate impact theory of discrimination also applies to applicants as it does to employees. The Eleventh Circuit, however, said it does not. Continue Reading Can An Employer Legally (If Unintentionally) Screen Out Older Job Applicants?
Troutman Sanders invites in-house counsel, HR professionals and other executives charged with labor and human resources responsibilities to join us for our 2016 Annual Workplace Challenges Update on Thursday, November 10 starting at 8:00 a.m. until 2:00 p.m. at IHG’s Crowne Plaza Hotel (590 West Peachtree Street, Atlanta, 30308). Continue Reading Save the Date: Troutman Sanders’ Annual Workplace Challenges Update is November 10!
Do you do business with the federal government? If you do, you (hopefully!) know that keeping up with the rules and regulations of being a federal contractor are no easy task. But we are here to help!
Lawyers at our firm, including HRLawMatters contributor Jim McCabe, have written an incredibly helpful article to help federal contractor employers comply with recent changes to their obligations. This article was recently published on the DirectEmployers Association website – and you can see it at this link here. Continue Reading Federal Contractors Must Read This!