On July 8, 2020 in Our Lady of Guadalupe School v. Morrisey-Berru, the U.S. Supreme Court in a 7-2 decision held that the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) generally do not limit… Read More
Every Company gets employee complaints from time to time on any number of topics. This article focuses on investigation of discrimination complaints, whether internal or from an outside Agency, like the EEOC. These techniques, however, may be used in any… Read More
On March 24, 2020, the Governor issued an Executive Order effective at least until July 23, 2020 preventing law enforcement officers and constables from enforcing eviction orders on residential property unless there is a showing to the Court that in… Read More
The Equal Employment Opportunity Commission (“EEOC”) released its Fiscal Year 2019 Enforcement and Litigation Data, breaking down which charges of discrimination were the most common. Continuing the recent trend, charges for retaliation were the most common, making up 53.8% of… Read More
The Department of Labor’s new rule raising the salary level for overtime exemption to $35,568 goes into effect on January 1, 2020. With this rapidly approaching change, many employers are considering whether to increase employee salaries or begin paying overtime.… Read More
On February 25, 2019, the Supreme Court vacated a 9th Circuit Opinion filed on April 9, 2018 in Yovino v. Rizo. The 9th Circuit Opinion rested on Judge Stephen Reinhardt’s vote as the author of the majority opinion to establish… Read More
The National Labor Relations Act (“NLRA”) protects the rights of both employees and employers and encourages collective bargaining. However, the NLRA does not apply to “independent contractors.” In 2014, the National Labor Relations Board (“NLRB”) issued a Decision and Order… Read More
The United States is currently experiencing the longest government shutdown in U.S. History. One of the several effects of this shutdown is the inability to access E-Verify accounts. E-Verify is a system allowing employers to confirm the eligibility of their… Read More
The 8th Circuit ruled on December 7, 2018 in Hustvet v. Allina Health System, that an employee who was terminated for failing to receive a vaccination for Rubella was not discriminated or retaliated against under the Americans with Disabilities Act,… Read More
The Department of Labor’s (DOL) Wage and Hour Division has extended the nationwide program called the Payroll Audit Independent Determination (PAID) by six months. Under this program, employers may self-report overtime and minimum wage violations which would subject them to… Read More