Employment Law Business Guide

Practical Insights for Human Resources, Managers & Business Owners

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By: McClane Middleton

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Latest from Employment Law Business Guide

President George H.W. Bush may very well be best remembered for his role in bringing the Americans with Disabilities Act (“ADA”) to the American workplace. Bush engaged in bi-partisan leadership in working with the ADA’s chief sponsor, Sen. Tom Harkin, D-Iowa and the likes of Senators Ted Kennedy, D-Mass., Bob Dole, R-Kan.; David Durenberger, R-Minn.; and Orrin Hatch, R-Utah who were key proponents of the legislation, in seeing the legislation through to passage. Bush signed…
In a highly technical, twenty-page opinion, a three-judge panel of the Massachusetts Appeals Court declined to answer the question of whether volunteer members of boards of directors of nonprofits can be held personally liable to workers for unpaid wages under the Massachusetts Wage Act. With the issue unresolved, for the time being, volunteer board members will continue to face some uncertainty about their possible personal liability. The case, Lynch v. Roxbury Comprehensive Community Health Center,…
On October 24, 2018 the Equal Employment Opportunity Commission (“EEOC”) announced that Denton County Texas will pay $115,000 to a female physician formerly employed by the county.  The EEOC filed suit in August 2017 in the U.S. District Court for the Eastern District of Texas alleging that Dr. Martha C. Storrie was paid less than her male counterpart for the same job in violation of the Equal Pay Act.  The court entered judgment in favor…
In July 2018, Governor Charlie Baker signed the BRAVE Act, a wide-ranging piece of legislation including a number of provisions aimed at increasing the support and services available to veterans and their families.  Among other things, the act provides increased tax relief and access to educational programs and other resources to veterans.  The BRAVE Act also updates state law with regard to the time off provided to veterans on Veterans Day and Memorial Day.…
For those who thought the Trump DOL would back off the increased enforcement efforts of the Obama administration, last week’s news was not all good.  The U.S. Department of Labor just announced that the Wage and Hour Division (WHD) recovered a record $304 million in wages owed to workers in Fiscal Year 2018.  WHD also set a new record for compliance assistance events in FY 2018, holding 3,643 outreach events – including on the ground…
On October 4, 2018, the Equal Employment Opportunity Commission (“EEOC”) released preliminary data on sexual harassment claims for FY 2018, which ended on September 30, 2018.  The document, entitled “What You Should Know: EEOC Leads the Way in Preventing Workplace Harassment” summarizes the enforcement and prevention actions taken by the EEOC in the almost two years since the agency released the report of its Select Task Force on the Study of Harassment in…
During the month of September, the Department of Labor will be holding a series of “Listening Sessions” throughout the country in order to hear public comments about planned changes to the overtime rules under the Fair Labor Standards Act. On this blog, we have followed the long and winding path of the years-long efforts to update the FLSA’s overtime rules (see our posts on the subject here, here, here, here, here…
Reality-TV-Star-Turned-White-House-Staffer Omarosa Manigault Newman recently grabbed headlines with her tell-all book about her short but dramatic tenure in the West Wing.  Some of the most eyebrow-raising revelations came from the secret audio recordings she made of Chief of Staff John Kelly firing her in the Situation Room and of President Trump telling her, in the Oval Office, that he didn’t know she had been let go.  Omarosa told Chuck Todd, of NBC’s “Meet The…
Perusing LinkedIn, as I often do over morning coffee, I saw this plea on one of the human resources groups I follow.  Not having the time to read it carefully, I put it aside in my “fodder for future blog posts” folder.  Like most of the people who responded quickly with advice for the human resource professional who sought help from her colleagues, my first thought was “big red flag.”  How can a company operate…