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Courts across the country have ruled differently regarding what is protected activity by human resources (HR) and equal employment opportunity (EEO) personnel to support a retaliation claim under Title VII. Several courts have held that HR and EEO personnel are not engaged in protected activity if they are simply doing the job they were hired …
Continue reading “PERFORMANCE OF REGULAR JOB DUTIES AS PROTECTED ACTIVITY FOR DISCRIMINATION CLAIMS”
Two weeks before former President Trump left office, the U.S. Department of Labor (DOL) published a final rule establishing an independent contractor status test under the Fair Labor Standards Act (FLSA). The Trump-era rule was scheduled to take effect on March 8, 2021; however, under President Biden, the DOL delayed the rule’s effective date for …
Continue reading “DOL Withdraws Trump-Era Independent Contractor Rule”
Employers who sponsor employee benefits plans are used to providing ongoing communication to plan participants. The communications range from legally required disclosures (e.g., summary plan descriptions) to legally required notices (e.g., COBRA notices) to information voluntarily provided to participants (e.g., the importance of saving for retirement). However, regular internal communication between employer management and employees …
Many employers are weighing the pros and cons of mandating that their employees receive the COVID-19 vaccine as a condition of continued employment. In a non-union environment, mandating the vaccine generally is permissible, so long as the employer allows for exceptions for religious or health reasons. See https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws at Section K, Vaccinations. This point was …
Continue reading “Mandating COVID-19 Vaccination Among a Union Workforce”