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Are Your Employee Hiring Practices Putting Your Business at Risk?

Few small business owners relish the process of hiring employees. It takes time away from their business, it’s stressful, and most entrepreneurs don’t enjoy interviewing job candidates.  What’s more, the hiring process could be opening your small business to legal risks even without your knowing it. Reading a recent survey by QuickBooks Payroll about small-business hiring, I was shocked by some of the reasons business owners give for not hiring job candidates. Specifically: 3% of business owner...
Tags: Sales, United States, EEOC, Department of Labor, QuickBooks, FLSA, ADEA, Staffing & HR, Hiring & Firing, QuickBooks Payroll, Equal Employment Opportunities Commission EEOC

WIRTW #546 (the “Arrivederci” edition)

Today is good bye … but only for two weeks. My kids' school gives them that much time off for Spring Break each year. So we are headed to Italy. Rome and Florence to be precise. I'll be back on April 1 (no foolin') with some thoughts about what I learned on my Spring Break. In the meantime, if you have any last minute tips on what to do, see, or eat in either of these cities, drop a note in the comments below. Here's what I read this week: Discrimination Two-Percent, Schmoopercent — via Kate Bi...
Tags: Spotify, Texas, Law, Congress, Chicago, Ada, Florence, Harvard Business Review, Joe, Citrix, Jonathan, EEOC, NLRA, Eric Meyer, FLSA, Jon Hyman

The 8th nominee for the “worst employer of 2019” is … the lascivious leader

I can't do any better of job than the EEOC did in describing the parade of horribles the one supervisor wrought at Sys-Con, a Montgomery, Alabama, general contractor: According to the EEOC's lawsuit, from December 2015 to May 2017, a supervisor at Sys-Con's worksite at the Hyundai manufacturing plant in Montgomery, demanded sexual favors from two non-English speaking Hispanic female employees and watched pornographic videos in front of them. The EEOC further charged that the supervisor se...
Tags: Law, Hyundai, Montgomery, Montgomery Alabama, EEOC, Eric Meyer, Jon Hyman

United States: BREAKING: Judge Lifts Stay On EEO-1 Pay Data Submission Requirement - Proskauer Rose LLP

A federal judge has issued an order lifting the stay issued by the OMB that halted implementation of the EEOC's revised EEO-1 form that would have added compensation data to the annual EEO-1 survey submission.
Tags: News, United States, EEOC, EEO, OMB, Pay Data Submission Requirement Proskauer Rose LLP

US women’s national team soccer players sue for equal pay

Players for the U.S. women’s national soccer team have filed a federal gender discrimination lawsuit seeking pay equal to that of their male counterparts. The action comes just three months before the team will defend its title at the Women’s World Cup. The class-action lawsuit was filed Friday in federal court in Los Angeles under the Equal Pay Act and Title VII of the Civil Rights Act. It alleges gender-based discrimination by the U.S. Soccer Federation. The players allege they have been subje...
Tags: US, Sports, Los Angeles, Sport, Soccer, United States, Olympics, EEOC, Equal Employment Opportunity Commission, Alex Morgan, U S Soccer Federation, USSF, U S Women s National Team Players Association, Morgan Megan Rapinoe Becky Sauerbrunn Carli Lloyd, USWNTPA

The 7th nominee for the “worst employer of 2019” is … the disability debaser

The 7th nominee for the Worst Employer of 2019 is an employer that (allegedly) permitted a nearly year-long campaign to malign and harass an employee living with ADHD and Tourette's syndrome. Melinda Crooke worked as a line worker for Herbruck Poultry Ranch, a Western Michigan egg farm. As noted above, she has ADHD, which causes her to be overtly talkative and sometimes confused, and Tourette's Syndrome, which manifests in head twitches, facial tics, uncontrolled arm movements, and occasional ...
Tags: Law, Tourette, EEOC, Western Michigan, Jon Hyman, Crooke, Melinda Crooke, Mindy Tourette, Gabby Motormouth

United States: Two Department Of Labor Agencies Announce Recent Developments: EEOC And OFCCP - Foley & Lardner

On Friday, February 22, 2019, the OFCCP announced that it is on schedule to post its next set of Corporate Scheduling Announcement Lists (CSALs) in the department's FOIA Library next month.
Tags: News, United States, EEOC, Lardner, OFCCP, OFCCP Foley

You're never too small to have an HR department

43 percent of American employees work for companies with 50 or fewer employees. I raise this statistic because it is almost a guarantee that many of these small businesses operate without a dedicated HR department or HR personnel. Earlier this month, the EEOC settled a sexual harassment and retaliation lawsuit it had brought against several IHOP franchises operating in New York and Nevada. The allegations were truly awful, including misbehavior such as unwanted touching of female employees' butt...
Tags: New York, Law, Nevada, Human Resources, Ihop, EEOC, Jon Hyman, Human Resources Department

The 6th nominee for the “worst employer of 2019” is … the diverse discriminator

How many different ways can one employer discriminate? How about eight. The EEOC recently settled a national origin and disability discrimination lawsuit against a staffing agency, brought on behalf of a group of Latino employees working at an Alabama poultry plant. The eight different acts of discrimination alleged by the workers? They were harassed, which included ethnic slurs, threats, verbal abuse, and other abusive working conditions. They were paid less than they were promised. They w...
Tags: Law, Alabama, Birmingham, EEOC, Jon Hyman, Marsha L Rucker, Bradley Anderson

Is Hiring Employees Putting Your Business at Risk?

The road to hiring employees is full of land mines. Here’s how to steer clear. By Rieva Lesonsky Few small business owners relish the process of hiring employees. It takes time away from their business, it’s stressful, and most entrepreneurs don’t enjoy interviewing job candidates.  What’s more, the hiring process could be opening your small business to legal risks even without your knowing it. Reading a recent survey about small-business hiring, I was shocked by some of the reasons business ow...
Tags: Business, Management, Right Now, EEOC, Department of Labor, FLSA, ADEA, Rieva Lesonsky, Employment Eligibility Verification, Equal Employment Opportunities Commission EEOC

United States: Driving Blindfolded: EEOC Withdraws Guidance On Wellness Programs - Seyfarth Shaw LLP

Seyfarth Synopsis: Effective January 1, 2019, the EEOC withdrew its prior guidance on the level of incentives employers may offer their employees
Tags: News, United States, EEOC

WIRTW #542 (the “Scared. Ashamed. Crippled.” edition)

A few days ago, Mark Goldstein, an attorney at Reed Smith, tweeted me (and others) this:   If you read on thing this week, read Mark's article, 'Scared. Ashamed. Crippled.': How One Lawyer Overcame Living With Depression in Big Law. We are in the middle of a mental health crisis in America. The more we talk openly about it, the more it becomes de-stigmatized, and the more comfortable those suffering will be to come forward and seek the help they need. It took a lot of courage for Mark...
Tags: Law, America, Iowa, Reed Smith, Omega, Mark, Robin Shea, EEOC, Eric Meyer, Donna Ballman, Ragan, OSHA, Dan Schwartz, SHRM, Mark Goldstein, Jon Hyman

United States: EEOC Releases Q&A Guidance On Continuing Effects Of Government Shutdown - Littler Mendelson

Many agencies are experiencing lingering effects after the longest-ever partial government shutdown, including the U.S. Equal Employment Opportunity Commission (EEOC).
Tags: News, United States, EEOC, Littler Mendelson

United States: EEO-1 Deadline Extended And Other News From The EEOC - Butler Snow LLP

On February 1, the EEOC announced that, due to the partial lapse in appropriations, the EEO-1 survey will open in early March with the deadline for submission of the report extended until May 31, 2019.
Tags: News, United States, EEOC, EEO, EEOC Butler Snow LLP

United States: EEOC Announces Extension Of EEO-1 Opening, Filing Deadlines - Littler Mendelson

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will extend the deadline for filing 2018 EEO-1 reports from March 31, 2019 to May 31, 2019.
Tags: News, United States, EEOC, EEO, Littler Mendelson, U S Equal Employment Opportunity Commission EEOC

United States: Breaking News Affecting All EEO-1 Filers Regarding Delay In EEO-1 Filing Period - Seyfarth Shaw LLP

Today, the EEOC announced that it will extend the deadline for submission of the EEO-1 Report until May 31, 2019.
Tags: News, United States, Seyfarth Shaw, EEOC, EEO

The 5th nominee for the “worst employer of 2019” is … the fishy fishery

Atlantic Capes Fisheries agreed to pay $675,000 to settle a lawsuit filed by the EEOC alleging sexual harassment and retaliation. The allegations that lead to the settlement, and this nomination as the worst employer of 2019? A male supervisor, Fidel Santos, asked a new female employee, Esdeyra Rosales, about her personal life, stood close behind her while she was working, touching her back, hips, and buttocks. When she objected, he told her there was no work for her. When Rosales asked, and w...
Tags: Law, Santos, EEOC, Fuentes, Rosales, Jon Hyman, Atlantic Capes Fisheries, Fidel Santos, Esdeyra Rosales, Rosales Santos, Margarita Fuentes Mirna Pacaja, Pacaja, Sara Smolik

United States: Annual Report On EEOC Developments – Fiscal Year 2018 - Littler Mendelson

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter "Report"), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal
Tags: News, United States, EEOC, Littler Mendelson

United States: Take Note: EEOC Vacates The Incentive Sections Of Its Final Wellness Regulations - Seyfarth Shaw LLP

The EEOC has withdrawn the incentive provisions in its ADA and GINA wellness program regulations.
Tags: News, United States, Ada, EEOC, Gina, Seyfarth Shaw LLP

Discrimination law roundup

New EEOC chief data officer says machine learning algorithms may soon enable agency to predict, and deploy resources against, workplace bias before it happens [Paige Smith, Bloomberg Law] “The BSO, in a statement, defended its pay structure, saying that the flute and oboe are not comparable, in part because the oboe is more difficult to play and there is a larger pool of flutists.” [Geoff Edgers, Washington Post/Allentown Morning Call] Even they can’t comply: “The case was ironic since the ...
Tags: Minnesota, Workplace, Law, Uncategorized, Sports, Transgender, Pennsylvania, Tyler Cowen, EEOC, BSO, Pennsylvania Human Relations Commission, Sex Discrimination, Music And Musicians, Jon Hyman, Discrimination Law, Do As We Say

WIRTW #539 (the “cover story” edition)

Big week in our house, as our 12-year-old daughter just had her first official press. Cleveland's Scene Magazine interviewed her for this week's cover story, on Cleveland-area cover bands.  Needless to say, she was pretty jazzed about the whole experience. And, she impressed the hell out of me: Each new generation is also embracing classic rock—and some are even taking an open-minded perspective on the sonic opportunities afforded by cover bands. "People like seeing them because it's music t...
Tags: Post, Law, Senate, Cleveland, Nlrb, Best Way, EEOC, Eric Meyer, OSHA, Hyman, Jon Hyman, Labor Employment Law Navigator OSHA, Laurie Ruettimann, Kate Bischoff, Covington Catholic, Cleveland s Scene Magazine

The 4th nominee for the “worst employer of 2019” is … the flagrant farmer

I'll let the EEOC do the heavy lifting on today's nominee for the Worst Employer of 2019 (the 4th thus far): A federal jury rendered a verdict … awarding $850,000 in compensatory and punitive damages to a female farmworker at Favorite Farms in Dover, Fla., who was raped by her supervisor and reported it to police and management that same day.… The evidence at trial showed that management at Favorite Farms, which primarily grows strawberries, failed to properly investigate the complaint, and i...
Tags: Law, EEOC, Eric Meyer, Jon Hyman, Favorite Farms, Dover Fla, Instead Favorite Farms

United States: Supreme Court Agrees To Consider Conflict Over Title VII Administrative Exhaustion Requirement - Ford & Harrison LLP

The U.S. Supreme Court recently agreed to consider whether federal courts have the authority to waive a Title VII plaintiff's failure to exhaust administrative remedies before the EEOC, or state equivalent
Tags: News, Supreme Court, United States, Ford, U S Supreme Court, EEOC, Harrison LLP

Medical roundup

“How the Reformulation of OxyContin Ignited the Heroin Epidemic” [William N. Evans and Ethan Lieber, Cato Research Briefs in Economic Policy] Antiquated regulations on methadone need revision [Jeffrey Singer, Cato] Concept of addiction is constantly run together with that of dependence, and applied in such dubious areas as “social media addiction” [Singer] EEOC sues Tennessee hospital over lapse of religious accommodation in its mandatory flu shot policy (but is a mask as effective as the va...
Tags: Texas, Law, Obamacare, Uncategorized, Hospitals, Tennessee, New York Times, Fda, Vaccines, Tyler Cowen, Medical Malpractice, EEOC, Opioids, Jeffrey Singer Cato, Thomas Hemphill, Jim Beck

WIRTW #538 (the “drones” edition)

OSHA is now using camera-carrying drones to investigate outdoor workplaces. The good news? Use is intended to be limited to areas that are otherwise difficult and dangerous for OSHA inspectors to access. Plus, OSHA will not use them without an employer's consent. The bad news? Employers that withhold consent could face OSHA's ire and a search warrant. Plus, the program lacks any protections for things like scope of recording, employee privacy, or third-party access to the video. You can more abo...
Tags: Google, Law, United States, Connecticut, Hilton, Poland, SEC, Ohio, Huawei, Nlrb, Joe, Robin, Engadget, EEOC, Dave Buster, Eric Meyer

An Early Prediction for 2019? Perhaps Dusting Off Your Reduction in Force Guidance

You do a blog long enough and everything comes full circle.  Back in January 2008, I took out my crystal ball and suggested that reductions in force (RIFs) and lawsuits would soon follow. We all know what happened next. The economy crashed and discrimination claims at the EEOC peaked at their highest levels in more than 20 years.   So here we are 11 years later.  A whole generation of HR professionals have never experienced a significant downturn.  Are we headed there again in 2019? I’ll leave t...
Tags: Facebook, Law, Recession, Connecticut, Litigation, Class Actions, Bear Market, EEOC, Human Resources (HR) Compliance, Wage & Hour, CHRO & EEOC, Discrimination & Harassment, Reduction in Force, Rif, Layoff, WARN

Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton

What does it mean for jobs to be "substantially equal" under the Equal Pay Act?

The Equal Pay Act requires that an employer pay its male and female employees equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Substantial equality is measured by job content, not job titles. The Act is a strict liability law, which means that intent does not matter. If a women is paid less than male for substantially similar work, then the law has been violated, regardless of the employer's intent. This strict liability, however, does no...
Tags: Law, Boston, Epa, EEOC, Rowe, Jon Hyman, Metropolitan Opera Orchestra, Boston Symphony Chamber Players

United States: Year-End Employment Law Roundup - Constangy, Brooks, Smith & Prophete, LLP

EEOC, court kick "Onionhead" employer while it's down. A federal judge in New York ruled on post-trial motions filed by the Equal Employment Opportunity
Tags: New York, News, United States, EEOC, Constangy Brooks Smith, Prophete LLP

United States: The Top Five Most Intriguing Developments Of 2018 In EEOC-Initiated Litigation (And Preview Of Our Annual EEOC Litigation Report) - Seyfarth Shaw LLP

Seyfarth Synopsis: We are once again pleased to offer our readers an analysis of the five most intriguing developments in EEOC litigation in 2018
Tags: News, United States, EEOC, Seyfarth Synopsis, EEOC Litigation Report Seyfarth Shaw LLP