Employment Law Alerts

A Penny Wise And a Pound Foolish: Lessons Learned from the Sixth Circuit Court of Appeals

Equal Employment Opportunity Commission v. Dolgencorp, LLC, d/b/a Dollar General Corporation serves as a critical lesson of what can happen when managers are not properly prepared. The Sixth Circuit Court of Appeals held in this case that Linda Atkins, an insulin-dependent diabetic, was subjected to disability discrimination when her employer, Dollar General, failed to accommodate a reasonable, ...

Court Rejects Severance Pay Claim of Employee Terminated for Refusing Transfer

The D.C. Circuit Court of Appeals (the "D.C. Circuit"), in Peck. v. SELEX Systems Integration, Inc., has affirmed a district court's judgment that a terminated employee was not eligible for severance pay after he refused to accept a transfer from his marketing position in D.C. to a quality-control position in Kansas. Background The employee was employed in an executive marketing position with the ...

Don't Overlook Age Discrimination: Lessons Learned from the EEOC's Report

The Equal Employment Opportunity Commission ("EEOC") recently issued a report about age discrimination that reads like a wake-up call. Essentially, 50 years have passed since the passage of the Age Discrimination in Employment Act ("ADEA") and age discrimination is still a significant problem in our society. The EEOC noted: After 50 years of a federal law whose purpose is to promote the ...

Workplace Sexual Harassment: New York Sets The Standard That Others Should Follow

Accounts of workplace harassment involving employees, entertainers, athletes, and students has been well-publicized in 2018. This publicity has led to the widely-known "#MeToo movement." Some states and municipalities, including New York State ("NYS") and New York City ("NYC"), have responded by enacting relevant legislation. The message has been sent that employers should carefully examine their ...

"Grand Bargain" Minimum Wage Increase in Massachusetts

Massachusetts has enacted a "grand bargain" minimum wage law that will gradually increase the state's minimum wage from $11 per hour to $15 over the next five years. Simultaneously, it will phase out required time-and-a-half pay for Sundays and certain holidays.  Under the new law: The minimum wage will increase to $12 per hour in 2019.  From there, the wage will increase to $12.75 in 2020, ...

Department of Labor to Pilot Self-Reporting Wage Violation Program

The Department of Labor's Wage and Hour Division (WHD) has announced a new program that seeks to improve the often lengthy and difficult resolution process following an employer's violation of the Fair Labor Standards Act (FLSA). The new program, called the Payroll Audit Independent Determination (PAID), is set to begin a six-month pilot period designed to encourage employers to participate in ...