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Employment Law

Wave of the future? Company offers to microchip employees

08/03/2017

A company in Wisconsin might be taking a bold step into the future—or a frightening turn down a dystopian path.

EEOC/OFCCP merger unites employment community–in opposition

08/02/2017
Creating a rare moment of unity, the Trump administration has offered a proposal on which virtually the entire employment community agrees. It wants to merge the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs. Almost everyone thinks this marriage is a bad idea.

Pharma firm claims exec divulged confidential files

08/02/2017
Teva Pharmaceuticals, headquartered in Horsham, Pa., is suing a former executive, claiming she transferred confidential computer files to her boyfriend—the president and CEO of Apotex, Canada’s largest pharmaceutical manufacturer.

Reading Market, Pa. businesses settle overtime violations

08/02/2017
Two iconic businesses at Reading Terminal Market in Philadelphia have agreed to pay $660,117 in back wages and liquidated damages to 140 employees who alleged violations of the Fair Labor Standards Act.

Panda Express reverification practices don’t bear scrutiny

08/02/2017
Fast-Chinese chain Panda Express has agreed to settle charges it discriminated against non-U.S. citizens in its work reverification process.

Mandatory training for all staff isn’t retaliation

08/02/2017
An employee may feel singled out when HR holds a training session to address something that employee did. But that doesn’t make it retaliation.

Harassment because of sexual stereotypes can form basis for Title VII lawsuit

08/02/2017
Several cases currently making their way through the legal system test whether Title VII’s sex discrimination provisions cover discrimination based on sexual orientation. In the meantime, remember that harassment based on sexual stereotypes is already illegal.

Have objective hiring standards? Good! Now stick with them for all applicants

08/02/2017
If your organization has created standardized, objective processes for hiring or promotion, make sure you deviate from them as little as possible. Doing so without a good, contemporaneous explanation may result in expensive litigation.

Open-ended leave isn’t reasonable ADA accommodation, also won’t work on age bias

08/02/2017
A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.

ADA: No requirement to create brand-new job

08/02/2017
Disabled employees may be entitled to transfer to an existing and open position, but they have no right under the ADA or the Rehabilitation Act to demand a job be created specifically as an accommodation.