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Employment Law

Employees have more time to file FEHA bias charges

02/03/2020
Employees who want to file discrimination, harassment or retaliation charges against their employers under the California Fair Employment and Housing Act now have more time to do so.

#MeToo 2.0: High-profile cases continue

01/30/2020
Employee activism in the light of perceived mishandling of internal harassment complaints has prompted another round of high-profile firings. Here are some recent examples.

2019 EEOC charges continue steep decline since 2016

01/30/2020
EEOC charges fell to 72,675 in Fiscal Year 2019, according to just-released statistics. That marks the third straight year of declining EEOC charges, with a 20% reduction since FY2016.

Steer clear of assumptions about disability

01/30/2020
The EEOC is aggressively going after employers that single out disabled workers based on unfounded assumptions about the kind of work they can and cannot do.

Legal update: New bias protection, fluctuating workweek OT

01/28/2020
Two new labor and employment law developments require employers to review their policies. The first adds a new form of prohibited discrimination to the already long list of employer rules. The second clarifies how to handle fluctuating workweeks under the FLSA.

Little slights can add up to hostile environment

01/28/2020
Generally, one or two offensive comments aren’t enough to create a hostile work environment or prove discrimination. But when little jabs occur frequently, they may create a convincing “mosaic” of intentional discrimination.

Certain settlement offers don’t require approval from federal court

01/28/2020
Good news for employers inclined to settle Fair Labor Standards Act claims before they go to trial: If you make your offer under the Federal Rules of Civil Procedure, it doesn’t need a federal court’s review and approval.

EPA vs. Title VII: Court lowers standard needed to prove pay discrimination

01/28/2020
The 2nd Circuit Court of Appeals, which covers New York employers, has made it easier for workers to prove they were paid less because of sex discrimination.

Customer preference doesn’t justify bias

01/28/2020
Make sure you train all managers and supervisors how to handle customer preferences that imply discrimination. You cannot use customer preference as a defense against an employee’s racial discrimination claim.

Goodwill didn’t show any to disabled NYC janitor

01/28/2020
Goodwill Industries of Greater New York and Northern New Jersey has agreed to pay a former janitor $65,000 to settle charges of disability discrimination.